Ninth Circuit Applies U.S. Maritime Lien to a Pervasively Foreign Dispute


On 11 March 2008, the Ninth Circuit Court of Appeals issued its opinion in Trans-Tec Asia v. M/V Harmony Container. The Court held that a lien under the Federal Maritime Lien Act ("FMLA") attached to a foreign-owned and foreign-flagged vessel based on non-payment to a foreign "necessaries" supplier for goods delivered in a foreign port. The FMLA allows persons with claims against a vessel’s owner or operator to enforce maritime liens against the vessel itself under the legal fiction that the vessel is responsible. (Although this case applied a FMLA lien to a vessel when it was found in a U.S. port, the implication of the holding is that U.S. law could apply under these circumstances regardless of the port of call.)

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Lane Powell PC | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.