Legal Opinion · Dissent
Carbotrade S.p.A. v. Bureau Veritas
Court of Appeals for the Second Circuit
Decided October 31, 1996No. 1601, Docket 95-9155Published
1DissentVan Graafeiland, Circuit Judge
The majority today abandons “the most venerable and universal rule of maritime law[,] ... which gives cardinal importance to the law of the flag,” Lauritzen v. Larsen, 345 U.S. 571, 584, 73 S.Ct. 921, 929, 97 L.Ed. 1254 (1953), in choice of law questions arising out of maritime torts. I would apply the law of the flag to the instant case and affirm the judgment of the district court.
On April 17, 1989, the MTV' STAR OF ALEXANDRIA sank while en route to the United States from Greece. The ship was owned by Caribene Investments, Ltd. (“Cari-bene”), a corporation organized under the laws of…
2Cases cited15 opinions
- Lauritzen v. LarsenSupreme Court of the United States · 1953
- Schmidt v. Merchants Despatch Transportation Co.New York Court of Appeals · 1936
- Hellenic Lines Ltd. v. RhoditisSupreme Court of the United States · 1970
- Martin v. Julius Dierck Equipment Co.New York Court of Appeals · 1978
- Barbara B. Sack v. V. T. Low, Doing Business as a Partnership Under the Name of Bear, Stearns & Co., and Richard W. SilvermanCourt of Appeals for the Second Circuit · 1973
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