Legal Opinion

Nigeria National Petroleum Corp. v. S/V Seabulk Merlin

District Court, S.D. Florida

Decided February 16, 2005No. 02-61440-CIVPublished

1Opinion of the Court

ORDER ON VARIOUS MOTIONS IN LIMINE

MARTINEZ, District Judge.

THIS CAUSE came before the Court upon Defendants’ Motion in Limine to Establish Nigerian Law as Governing Substantive Law on Limitation of Liability (D.E. No. 92), filed on May 24, 2004. The motion has been fully briefed and is ripe for adjudication. For the reasons stated more fully herein, the motion is denied.

As an affirmative defense to Plaintiffs’ complaint, Defendants have plead limitation of liability pursuant to Nigerian Law and the Nigerian Merchant Shipping Act, Cap. 224, Laws of the Federation of Nigeria 1990, (“the…

2Cases cited6 opinions

  1. Maryland Casualty Co. v. CushingSupreme Court of the United States · 1954
  2. Black Diamond Steamship Corp. v. Robert Stewart & Sons, Ltd.Supreme Court of the United States · 1949
  3. Oceanic Steam Navigation Co. v. MellorSupreme Court of the United States · 1914
  4. Noor Begum Karim, Wife of Fazal Karim v. Finch Shipping Company, Ltd., Finch Shipping Company, Ltd.Court of Appeals for the Fifth Circuit · 2001
  5. In Re the Complaint of the Bethlehem Steel Corp.District Court, N.D. Ohio · 1976

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