McKeithen v. S.S. Frosta

426 F. Supp. 307, 1977 U.S. Dist. LEXIS 17809
District Court, E.D. Louisiana·Decided January 19, 1977·No. Civ. A. Nos. 76-3251, 76-3275 and 76-3654·Published·Cited by 5 cases

Opinion

ALVIN B. RUBIN, District Judge:

This order delineates the role of the Plaintiff Discovery and Trial Committee in the litigation arising from the tragic October 20, 1976, collision between the Norwegian tanker, the M/T Frosta, and the Luling-Destrehan ferry, the M/V George Prince, in which 78 commuters lost their lives and others suffered bodily injury.

Within hours of the collision, Dorothy S. McKeithen, a survivor of one of the deceased commuters, filed suit in this court seeking damages for the wrongful death of her husband and a maritime lien against the two vessels. On October.22, J. Ludwig Mowinkels Rederi, owner of the M/T Frosta, petitioned this court for exoneration from or limitation of liability pursuant to 46 U.S.C. §§ 181-189 and Rule F. Fed.R.Civ.P.1 On November 22, the Department of Highways of the State of Louisiana filed a similar complaint as owner of the M/V George Prince. Upon receipt of these complaints, the court enjoined the filing of any actions against the vessels and their owners.2 In accord with Olympic Towing Co. v. Nebel Towing Co., 5th Cir. 1969, 419 F.2d 230, cert. denied, 397 U.S. 989, 90 S.Ct. 1120, 25 L.Ed.2d 396, direct actions against the un[311]*311derwriters filed in the United States District Court for the Eastern District of Louisiana have been excepted from the restraining orders. The court set December 27, 1976 as the last date for filing answers to the limitation complaints. Subsequently, this deadline was extended to January 12, 1977, and by January 5, 1977, 83 claims had been asserted.

This is the fourth3 order issued by this Court charting the course to be followed in steering this litigation to its ultimate destination. The first order, which is attached as an Appendix to this opinion, resulted from a conference-hearing, held on December 10, 1976, and open to the public and all counsel interested in attending.4 The court urged the plaintiffs and two defense interests to each designate a Discovery and Trial Committee.5 This order delineates the parameters of the Plaintiff Committee’s duties and responsibilities, the procedure for funding the costs of fulfilling these duties, and the basis for equitably compensating committee members for their services.

Historically, courts having equity jurisdiction have had the power to assess attorney’s fees. In Spargue v. Ticonic National Bank, 1939, 307 U.S. 161, 166-167, 59 S.Ct. 777, 780, 83 L.Ed. 1184, Justice Frankfurter observed:

. Plainly the foundation for the historic practice of granting reimbursement for the costs of litigation other than the conventional taxable costs is part of the original authority of the chancellor to do equity in a particular situation. Whether one professes to sue representatively or formally makes a fund available for others may, of course, be a relevant circumstance in making the fund liable for his costs in producing it.

See also, Mills v. Electric Auto-Lite Co., 1970, 396 U.S. 375, 90 S.Ct. 616, 24 L.Ed.2d 593.

An admiralty court clearly possesses such equitable powers.6 Justice Story asserted over a century ago: “A court of admiralty is, as to all matters falling within its jurisdiction, a court of equity. Its hands are not tied up by the rigid and technical rules of the common law, but it administers justice upon the large and liberal principles of courts which exercise a general equity jurisdiction.” The David Pratt, D.Maine 1839, 7 Fed.Case No. 3,597, p. 22. The Fifth Circuit has more recently expressed a similar view: “The Chancellor is no longer fixed to the woolsack. He may stride the quarter-deck of maritime jurisprudence and, in the role of admiralty judge, dispense as would his landlocked brother, that which equity and good conscience impels.” Compania Anonima Venezloana De Navegacion v. A. J. Perez Export Co., 5th Cir. 1962, 303 F.2d 692, 699; See also, Texas Gulf Sulphur Co. v. Blue Stack Towing Co., 5th Cir. 1963, 313 F.2d 359; Hadjipateras v. Pacifica, S. A., 5th Cir. 1961, 290 F.2d 697.

[312]*312Federal courts through the exercise of equity powers may call upon a group that benefits from the litigation efforts of its members to share the costs of that litigation, including attorney’s fees. This procedure has been used frequently by courts in class action suits, See 3B Moore’s Federal Practice, § 23.91,7 and in complex litigation, Manual for Complex Litigation § 1.90.8

Hence, in the interest of promoting an effective and efficient course for this litigation, the Plaintiff’s Discovery and Trial Committee shall perform the following duties and have the following responsibilities and powers:

1. Conduct pretrial liability discovery on behalf of all plaintiffs who have filed a claim and are represented by counsel, such as, the drafting and filing of interrogatories, requests for admissions, requests for documents, notices of depositions and the taking of depositions of parties and witnesses and any other procedure which will advance the discovery phase of the case.

2. Initiate, brief and argue motions and, when necessary, oppose motions and proceedings initiated by any or all of the defendants with regard to pretrial liability matters.

3. Enter into stipulations with lead counsel for any or all defendants regarding matters pertaining solely to the liability phase of the case.

4. Act as spokesmen for all plaintiffs at formal pretrial or status conferences, subject to the right of any plaintiff’s attorney to appear at the conference and present individual or divergent positions; and at other conferences and meetings that will advance the efficient and effective course of this litigation.

5. Prepare periodic status and progress reports and mail them to counsel for each plaintiff.

6. Maintain files of all pretrial liability discovery matters and have them available for examination by any plaintiff’s attorney.

7. Collect from plaintiffs through their counsel, including claimants represented by committee members the sum of $150 per claim. With regard to the death cases, a “claim” is intended to refer to each decedent. These amounts are to be used to defray costs expended by the Committee in connection with the carrying out of the duties and responsibilities imposed on it by this order or any future orders of this Court. These funds are to be deposited in a checking account entitled “S. S. FROSTA-M/V GEORGE PRINCE Litigation Account.” Each Commit[313]

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McKeithen v. S.S. Frosta, 426 F. Supp. 307, 1977 U.S. Dist. LEXIS 17809 (E.D. La. 1977).

426 F. Supp. 307 (McKeithen v. S.S. Frosta) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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