SHAFI ULLAH, APPELLANT,
v.
CANION SHIPPING COMPANY, LTD.; CONCORDIA LINES; AND KRATIGOS SHIPPING CO., APPELLEES

4th Cir. | 1985-03-13
No. 84-1816
755 F.2d 1116 United States Court of Appeals for the Fourth Circuit (1985) Positive Treatment
Cited by 2 cases

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Holding

The court held that the district court correctly determined it lacked subject matter jurisdiction over the Liberian corporate owner of a vessel for a non-citizen seaman's personal injury claim.


Facts & Procedural History

A Pakistani citizen sued the Liberian owner of a vessel for personal injuries sustained while docked in Baltimore. The district court dismissed the co…

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Opinion of the Court
PER CURIAM:

PER CURIAM:

Plaintiff, a Pakistani citizen, sued the Liberian corporate owner of the M/V Concordia ION to recover for personal injuries sustained aboard the vessel while she was docked in the Port of Baltimore.* The district court ruled that it lacked subject matter jurisdiction over the owner, and it dismissed the complaint. Plaintiff appeals, and we affirm. Carefully assaying the seven factors to be considered in deciding whether to entertain in admiralty a non-wage claim action by a non-citizen against a non-citizen as identified in Lauritzen v. Larsen, 345 U.S. 571, 73 S.Ct. 921, 97 L.Ed. 1254 (1953), as well as the eighth factor identified in Hellenic Lines, Ltd. v. Rhoditis, 398 U.S. 306, 90 S.Ct. 1731, 26 L.Ed.2d 252 (1970), the district court concluded that on the facts of this case the contacts with the United States were too slight to sustain its jurisdiction. It declined to extend Rhoditis, as urged by plaintiff, to consider the owner’s business contacts with the United States, short of establishment of a United States base of operations. Finally, it concluded not to exercise discretionary jurisdiction under the doctrine of forum non conven-iens, and not to allow further discovery.

We think that the district court was correct in its rulings, and we affirm on the basis of its opinion. Ullah v. Canion Shipping Company, Ltd., 589 F.Supp. 552 (D.Md.1984).

AFFIRMED.

*

In his complaint, plaintiff also joined as defendants the time charterer of the vessel and a Greek company which managed and operated the vessel. The district court granted summary judg ment for these defendants and plaintiff took no appeal as to them.


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