Barcelona v. Sea Victory Maritime, Inc.

619 So. 2d 741, 1994 A.M.C. 445, 1993 La. App. LEXIS 1962, 1993 WL 178492
CourtLouisiana Court of Appeal
DecidedMay 27, 1993
Docket92-CA-2360
StatusPublished
Cited by14 cases

This text of 619 So. 2d 741 (Barcelona v. Sea Victory Maritime, Inc.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Barcelona v. Sea Victory Maritime, Inc., 619 So. 2d 741, 1994 A.M.C. 445, 1993 La. App. LEXIS 1962, 1993 WL 178492 (La. Ct. App. 1993).

Opinion

619 So.2d 741 (1993)

Linbert J. BARCELONA, et al.
v.
SEA VICTORY MARITIME, INC.

No. 92-CA-2360.

Court of Appeal of Louisiana, Fourth Circuit.

May 27, 1993.

*742 Peter B. Sloss, Robert H. Murphy, Murphy, Williams, Rogers & Sloss, New Orleans, and Philip F. Cossich, Jr., Pivach, Cossich & Pivach, Belle Chasse, for Sea Victory Maritime, Inc.

Richard J. Dodson, David C. Vidrine, Dodson, Bullock & Vidrine, Baton Rouge, for Linbert J. Barcelona, et al.

Before WARD, ARMSTRONG and PLOTKIN, JJ.

WARD, Judge.

This appeal arises from the trial court's summary judgment which dismissed the combined claims of twelve Filipino seamen and the parents of a seaman who was killed in the course and scope of his employment. The twelve seamen and the decedent served on board the M/V SEA VICTORY, a Liberian flag vessel. The seamen allege breach of a maritime employment contract and seek back wages, punitive damages, and damages for wrongful discharge. The deceased seaman's parents allege wrongful death, and they claim damages under the Jones Act, the Death on the High Seas Act, and the general maritime law doctrine of unseaworthiness.

The seamen also allege that refusal to pay overtime pay is a maritime tort which occurred within the United States, but this allegation has no merit. It was made to give substance to a claim of a United States remedy for a tort, and it is so frivolous that we will ignore it. Similarly, as to the claim of the deceased seaman's parents, the death occurred outside territorial waters of the United States, the claim was settled, and although this petition attempts to set aside the settlement, alleging there was no consent to the contract, the allegation has no merit. It was obviously made for the purpose of claiming benefits given by the Jones Act or Death on the High Seas Act, and we will disregard it.

However, the twelve seaman's claims and the claims of the parents of the deceased seaman have common issues of jurisdiction and venue which permit consideration of all claims for the purpose of this appeal. We find that plaintiffs' suit is grounded in contract, and the sole question is whether the forum selection clause of the contract is controlling. That provision, the "forum selection clause," requires that litigation between the parties must be conducted in the Republic of the Philippines. Therefore, the issue is whether Plaquemines Parish is a proper forum for litigating plaintiffs' claims for breach of a maritime contract of employment. The trial court rendered summary judgment in favor of the defendants, holding a choice of law issue was dispositive of the case. We affirm, although not entirely on the basis of the trial court's ruling.

Plaintiffs seized the vessel, the M/V Sea Victory, through a non-resident writ of attachment pursuant to La.C.C.P. art. 3541(5), and plaintiffs filed suit in Plaquemines Parish State Court pursuant to the Savings to Suitors Clause, 28 U.S.C. section 1333, and general maritime law, suing the vessel owner and European Navigation, Inc., the vessel's Greek corporate manager. The defendants bonded the seizure to allow the vessel to complete her voyage.

Subsequently, the defendants removed the case to federal court, arguing that the wage claims were pre-empted by the federal penalty wage statute, 46 U.S.C.App. § 10313, and that the death claim was actually a claim seeking to nullify a settlement[1] approved by an agency of the Philippine government. The Federal District Court remanded the matter to state court on a finding of lack of subject matter jurisdiction.

Following remand, the defendants moved for summary judgment, arguing that the plaintiffs' suit should be dismissed because *743 the demands were governed by Philippine law and because the contracting parties in the employment contract selected the Republic of the Philippines as the forum for settlement of claims. The defendants also urged dismissal under principles of comity, the "act of state" doctrine, and forum non conveniens. The trial court rejected the forum non conveniens defense, on the authority of Miller v. American Dredging Co., 595 So.2d 615 (La.1992), but granted the motion for summary judgment and dismissed the suit in favor of a Philippine forum, holding that a choice of law decision was dispositive of the issue.

On appeal the plaintiffs argue two reasons for reversal of the trial court's summary judgment. First, they contend the trial court erred when it concluded that the application of foreign law "ipso facto" compels dismissal. They contend that the trial court failed to appreciate the distinction between choice of law and subject matter jurisdiction. Consequently, plaintiffs urge this Court to reinstate their claims in Plaquemines Parish with directions to the trial court to apply Philippine law to their claims. Secondly, they contend that the employment contracts, which contain a "forum selection clause," are contracts of adhesion, contracts between parties with grossly unequal bargaining power, rather than contracts freely negotiated. As such, the plaintiffs contend the enforceability of the contracts is called into question, raising an issue of material fact which precludes the grant of summary judgment.

We reject both arguments, and we affirm the trial court's summary judgment dismissing plaintiffs' claims for the reasons now discussed.

Plaintiffs' first argument raises the interesting question of whether a court with jurisdiction can decline to provide a forum for litigation of claims, based on a forum selection clause, not on the forum non conveniens doctrine. There is no question of jurisdiction; Plaquemines Parish Courts have in rem jurisdiction through the non-resident writ of attachment. And Plaquemines Courts have subject matter jurisdiction over admiralty and maritime claims under 28 U.S.C. § 1333. Additionally, Louisiana courts cannot employ the doctrine of "forum non conveniens." Miller v. American Dredging Company, 595 So.2d. 615 (La.1992). (The United States Supreme Court has granted writs on this issue). In spite of this, we hold the forum selection clause means that litigation must be conducted in the Republic of the Philippines.

Although we agree with plaintiffs— Plaquemines Parish Courts have jurisdiction—, when we accept plaintiffs' premise that the law to be applied in Plaquemines Courts is the law of the Philippines, we reach the same result as the trial court, although it involves circuitous reasoning: Plaquemines Parish Courts have jurisdiction; Philippine law is applicable; that law requires recognition of the contractual "forum selection clause;" which in turn requires resolution of claims in the courts of the Philippines. Consequently, plaintiffs' first argument has no merit.

Contrary to their first contention, plaintiffs argue that United States laws are applicable, particularly procedural laws relating to summary judgment, and they argue that Louisiana law relating to contracts of adhesion mean that summary judgment was inappropriate because that creates an unresolved issue of fact, raising the question of choice of law.

Assuming Plaquemines Courts have in rem and subject matter jurisdiction, the question remains as to whether United States or Louisiana law is applicable to these maritime contract and wrongful death claims.

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619 So. 2d 741, 1994 A.M.C. 445, 1993 La. App. LEXIS 1962, 1993 WL 178492, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barcelona-v-sea-victory-maritime-inc-lactapp-1993.