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Cooper v. Meridian Yachts, Ltd.

United States Court of Appeals for the Eleventh Circuit

July 21, 2009, Decided; July 21, 2009, Filed

No. 08-13830

Opinion

 [*1157]  TRAGER, District Judge:

This case concerns an injury to a sea captain and the subsequent settlement of his claims by the third-party plaintiffs. The present appeal arises out of the third-party plaintiffs' attempt to recover the sums paid to settle the maritime  [**2] personal injury action. Specifically, the third-party plaintiffs seek indemnity, contribution and equitable subrogation from the third-party defendants, who allegedly constructed, designed or maintained the defective foodlift that caused the injury. The crucial question below was whether Dutch law or federal maritime law applied to the third-party action. The district court, finding in favor of Dutch law, dismissed the action, determining on summary judgment that the third-party claims were barred by a ten-year statute of repose.

The first set of issues presented before this Court revolve around a shipbuilding agreement entered into between the shipowner third-party plaintiff and the shipbuilder third-party defendant. Two provisions within the shipbuilding agreement are particularly relevant: a Dutch choice of law clause and a limitation of liability provision. We first look at whether either of these two provisions govern any of the third-party claims. If so, we then determine the effects the applicable provision has on those claims.

As a signatory to the agreement, the shipowner is the only third-party plaintiff who is potentially bound by the Dutch choice of law provision. The broad  [**3] wording of that choice of law provision indicates that it is applicable to the shipowner's third-party claims against the shipbuilder. In any event, whether Dutch law applies to the shipowner's third-party claims is ultimately immaterial because the agreement's limitation of liability provision explicitly prevents the shipowner from recovering consequential damages or other indirect damages, effectively barring the shipowner's third-party claims against either the shipbuilder as well as the ship-designer because of another, related clause in the agreement.

The second set of issues presented before this Court center on those third-party  [*1158]  claims that are wholly independent of the shipbuilding agreement. With respect to those third-party claims, it must first be determined whether they are governed by Dutch law, federal maritime law, or a third jurisdiction's law. The substance of the applicable law must then be analyzed in order to find whether such law would bar the action as untimely. The other third-party plaintiffs include the ship on which the sea captain was injured, the ship's manager and the injured sea captain's maritime employer.

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575 F.3d 1151 *; 2009 U.S. App. LEXIS 16604 **; 2009 AMC 2652; 21 Fla. L. Weekly Fed. C 2058

JAMESON COOPER, Plaintiff, versus MERIDIAN YACHTS, LTD., a British Virgin Islands corporation, in personam, The M/Y Meduse, a 198 foot Fedship registered in the Cayman Islands with Official Number 729007, her engines, tackle, apparel and other appurtenances, in rem, VULCAN, INC. a Washington corporation, VULCAN MARITIME, LTD., a foreign corporation, in personam, Third-Party Plaintiffs-Appellants, DE VRIES SCHEEPSBOUW, B.V., d.b.a. Feadship, F. DE VOOGT, NA, d.b.a. Feadship, FEADSHIP AMERICA, INC., d.b.a. Feadship, DE VOOGT NAVAL ARCHITECTS, B.V., Third-Party Defendants-Appellees.

Prior History:  [**1] Appeal from the United States District Court for the Southern District of Florida. D.C. Docket No. 06-61630-CV-WPD.

Cooper v. Meridian Yachts, Ltd., 2008 U.S. Dist. LEXIS 109470 (S.D. Fla., June 3, 2008)

Disposition: AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.

CORE TERMS

third-party, shipbuilding, limitation of liability, ship, parties, shipowner, federal maritime law, base of operations, district court, maritime, indemnity, foodlift, choice of law provision, choice of law, principal place of business, statute of repose, non-signatories, provisions, entity, consequential damages, strict liability, ship-designer, manufacture, admiralty, damages, strict product liability, wrongful act, tort claim, sub-contractors, indirect

Admiralty & Maritime Law, Maritime Workers' Claims, Jones Act, Negligence, Maritime Tort Actions, Multiple Defendants, Contribution, Indemnity, Practice & Procedure, Jurisdiction, Choice of Law, Civil Procedure, Appeals, Standards of Review, De Novo Review, Federal & State Interrelationships, Choice of Law, General Overview, Business & Corporate Compliance, Admiralty & Maritime, Products Liability Actions, Torts, Statute of Limitations, Begins to Run, Actual Injury, Negligence, Defenses, Products Liability, Theories of Liability, Strict Liability, Procedural Matters, Statute of Repose, Products Liability, Contribution, Types of Negligence Actions, Indemnity, Governments, Courts, Judicial Officers, Questions of Fact & Law, Evidence, Judicial Notice, Legislative Facts, Laws of Foreign States, Elements, Causation, Elements, Forum & Place, Maritime Contracts, Types of Contracts, Commercial Law (UCC), Buyer Remedies, Damages, Consequential & Incidental Damages, Remedies, Limitations & Modifications, Unconscionable Limitations, Business & Corporate Compliance, Contracts Law, Contract Conditions & Provisions, Exculpatory Clauses, Contracts Law, Contract Interpretation, Exculpatory Clauses, Interpretation, Judges, Discretionary Powers, Reviewability of Lower Court Decisions, Preservation for Review, Ambiguities & Contra Proferentem, Third Parties, Beneficiaries, Claims & Enforcement, Defenses, Arbitration Clauses, Forum Selection Clauses, International Law, Dispute Resolution, Comity Doctrine, Governmental Interests, Preliminary Considerations, Venue, Forum Non Conveniens, Significant Relationships, Pleading & Practice, Pleadings, Types of Evidence, Judicial Admissions, Effects, Pleadings