Cruise Ship Law

In the Matter of LEBEOUF BROTHERS TOWING CO., INC. as owner of M/V ERIKA LEIGH and BARGE LB-16

Civil Action No. 00-0848 SECTION: "J"(1)
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA
2000 U.S. Dist. LEXIS 16881
November 7, 2000, Decided
November 9, 2000, Filed; November 13, 2000, Entered

OVERVIEW: Petitioner vessel owner brought an action under the Limitation of Vessel Owner's Liability Act (Act), 46 U.S.C.S. app. § 181 et seq., to limit petitioner's liability for injuries incurred by claimant while working on petitioner's vessel. Claimant sought to lift the stay to permit claimant to pursue his Jones Act action in a separate federal court under 28 U.S.C.S. § 1333. The court permitted claimant to proceed on his separate federal action, since petitioner's statutory right to limit its liability to petitioner's interest in the vessel and its pending cargo was sufficiently protected by claimant's stipulation to have all limitation issues adjudicated in the instant forum. The Savings to Suitors clause of 28 U.S.C.S. § 1333 did not limit claimant to state common law remedies, and claimant was thus not barred from seeking a federal statutory remedy. Further, although a stipulation by claimant to exclusive adjudication in federal court with respect to the issue of exoneration was not required by the Act, claimant expressly stipulated to such exclusive adjudication.
OUTCOME: Motion was granted; petitioner vessel owner's right to limitation of its liability for claimant's injuries was adequately protected by claimant's stipulation to adjudicate limitation and exoneration issues in the instant forum, although the stipulation concerning exoneration issues was not required, and claimant was thus entitled to pursue his federal statutory claim in a different court.