Keramidas v. Profile Shipping Ltd.

785 So. 2d 1004, 2001 WL 360039
CourtLouisiana Court of Appeal
DecidedApril 11, 2001
Docket00-CA-1852
StatusPublished
Cited by1 cases

This text of 785 So. 2d 1004 (Keramidas v. Profile Shipping Ltd.) 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
Keramidas v. Profile Shipping Ltd., 785 So. 2d 1004, 2001 WL 360039 (La. Ct. App. 2001).

Opinion

785 So.2d 1004 (2001)

Dimitrios KERAMIDAS
v.
PROFILE SHIPPING LIMITED and Steamship Mutual Underwriting Association Limited, and Guise Shipping Enterprises Corporation.

No. 00-CA-1852.

Court of Appeal of Louisiana, Fifth Circuit.

April 11, 2001.

*1006 Richard K. Leefe, Leefe, Gibbs & Koehler, Metairie, LA, Attorney for Appellants, Anastasia Barol, Periklis Keramidas and George Evdoxiadas, Succession Representative.

Charles F. Lozes, L.R. Debuys, IV, New Orleans, LA, Attorney for Appellees, Profile Shipping, Ltd. and Steamship Mutual Underwriting Association (Bermuda) Limited.

Panel composed of Judges DUFRESNE, CANNELLA and McMANUS.

CANNELLA, Judge.

Plaintiffs, Anastasia Barola (Anastasia) and her minor son, Periklis Keramidas, and George Evdoxiadis, Executor of the Estate of Dimitrios Keramidas (Decedent), appeal from a summary judgment granted in a maritime case to Defendants, Profile Shipping Limited (Profile) and Steamship Mutual Underwriting Association Limited (Steamship). We affirm.

In Keramidas v. Guise Shipping Enterprises Corp., 99-1133 (La.App. 5th Cir.2/29/00), 757 So.2d 822, we set out the facts as follows:[1]

Keramidas was a Greek seaman who became sick aboard his ship while it was docked in St. Charles Parish in January of 1999. He was provided medical treatment for sepsis at East Jefferson General Hospital in Metairie, Louisiana. On March 8, 1999, suit was filed on his behalf under maritime law and the Jones Act. Keramidas received considerable medical treatment at East Jefferson General Hospital for two months as his condition deteriorated. While still extremely ill, but with medical approval, Keramidas was then transported back to Greece. Keramidas never recovered from his illness and died in Athens, Greece on May 26, 1999. The death certificate states that the death was caused by "Marked myocardial degeneration, peritoNitis (sic) due to large bowel rupture."

On June 24, 1999, Profile and Steamship filed a Motion for Summary Judgment contending that, under the forum selection clause of the seaman's employment agreement, the country of Cyprus, not the United States, is the proper forum to bring the suit. The trial judge granted the motion on June 22, 2000, without prejudice to Plaintiffs' right to bring the suit in Cyprus under Cyprus law. The judgment is "conditioned upon there being a right of action by the `appropriate representation' for the death of Mr. Keramidas against Profile in Cyprus in the event liability is established under Cypriot law." The judgment further states that "Plaintiffs can petition this Court for further relief if, after final appeal in Cyprus, such right of action is held not to exist through no lapse of statute of limitations or through no fault, action, inaction or conduct on behalf of the Plaintiff(s) in that action."

*1007 On appeal, the issue is whether the forum selection clause is enforceable. Plaintiffs first assert that the summary judgment was improper because there are factual issues in dispute as to whether the forum selection clause in the employment contract should be enforced. Second, they assert that La. R.S. 23:921A(2), enacted in 1999, prohibits the enforcement of forum selection clauses in employment contracts. Third, Plaintiffs argue that, even if federal, rather than Louisiana law applies, enforcement of the clause is against the strong public policy of Louisiana, as set forth in R.S. 23:921A(2). Next, Plaintiffs contend that Decedent's employment contract cannot deny the right of the widow and son to bring their survivorship claim in a valid venue and jurisdiction. Fifth, they argue that the trial judge erred in requiring Plaintiffs to bring the action in Cyprus and limiting itself to jurisdiction only on verification that there is no action there "by other than prescription."

SUMMARY JUDGMENT

Summary judgment is appropriate "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to material fact, and that mover is entitled to judgment as a matter of law." La. C.C.P. art. 966(B). The appellate court reviews a summary judgment de novo, applying the same standard as the trial judge. Following the amendment of the summary judgment law, summary judgment is favored and shall be used to "secure the just, speedy, and inexpensive determination" of all actions, except those excluded by La. C.C.P. art. 969. La. C.C.P. art. 966(A)(2); Araujo v. Eitmann, 99-1377 (La.App. 5th Cir.5/17/00), 762 So.2d 223, 225.

APPLICABLE LAW

Plaintiffs assert that La. R.S. 23:921A(2) prohibits the enforcement of a forum selection clause in an employment contract, even in a maritime case, as a matter of public policy. They further argue that on remand in Lejano v. Bandak, 97-0388 (La.12/12/97), 705 So.2d 158, the district court found that R.S. 23:921A(2) applied to the enforcement of the forum selection clause in that maritime case. This court denied writs from that ruling. Lejano v. Bandak, 00-1133 (La.App. 5th Cir.6/30/00). However, writs were filed with the Louisiana Supreme Court on August 2, 2000 and no ruling has been rendered at this time.

In the Louisiana Supreme Court opinion rendered in Lejano prior to the remand, the court extensively analyzed the law related to forum selection clauses as they apply in admiralty cases and to the state's application of its laws. The court stated:

As earlier stated, generally, state courts are free to follow the state's own procedural rules. Generally, questions of venue and the enforcement of forum selection clauses are essentially procedural, rather than substantive in nature. Because the validity and interpretation of forum selection clauses are regarded as procedural, they are generally controlled by state law. However, the United States Supreme Court has determined that in admiralty cases, federal law governs the enforceability of forum selection clauses. [Emphasis added; citations omitted]

Lejano, 705 So.2d at 166; Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585, 590, 111 S.Ct. 1522, 1525, 113 L.Ed.2d 622.

The Lejano court explained that in maritime contract cases, the federal interest in uniformity is at its "zenith." Id. The court then held that the state courts should examine the validity and enforceability of forum selection clauses in admiralty cases in accordance with federal law and standards. See also: Lysogorov v. Novorosyisk *1008 Shipping Co., 98-270 (La.App. 5th Cir.10/28/98), 722 So.2d 1030, 1034-1035. Thus, as state law does not apply to maritime forum selection clauses, R.S. 23:921A(2) is inapplicable.[2]See also: Sawicki v. K/S Stavanger Prince, 99-1459 (La.App. 4th Cir.12/27/00), 778 So.2d 620.

On remand in Lejano, the trial judge set the matter for trial and declined to dismiss the case based on the forum selection clause, finding that the enforcement of the clause would be unjust under the circumstances in that case. However, neither the district court decision nor the writ denial in the Lejano case on remand have any precedential value. We further note that Defendants have filed for writs with the Louisiana Supreme Court, which are pending. Thus, we will not address this argument and will apply federal law to the forum selection clause in this maritime employment contract.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Keramidas v. PROFILE SHIPPING LIMITED
832 So. 2d 314 (Louisiana Court of Appeal, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
785 So. 2d 1004, 2001 WL 360039, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keramidas-v-profile-shipping-ltd-lactapp-2001.