19 F.4th 787
5th Cir.2021Background:
- On Jan. 19, 2019 a Bonvillian vessel allided with the M/V MISS SADIE ELIZABETH; crew member Junior Joseph Pellegrin, Jr. was injured.
- Pellegrin sued Bonvillian in Louisiana state court on Aug. 23, 2019.
- Bonvillian filed a verified limitation-of-liability action in federal court on Dec. 16, 2019 — more than six months after written notice of the claim.
- Baywater moved to dismiss under Rule 12(b)(1), arguing the suit was untimely under 46 U.S.C. § 30511(a) and therefore (under Fifth Circuit precedent) the district court lacked subject-matter jurisdiction.
- The district court found the action untimely and, applying In re Eckstein, dismissed for lack of jurisdiction.
- The Fifth Circuit panel reconsidered Eckstein in light of the Supreme Court’s decision in United States v. Kwai Fun Wong and reversed, holding § 30511(a) is a non-jurisdictional claim-processing rule and remanding for further proceedings.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 30511(a)’s six‑month filing requirement is jurisdictional | Bonvillian: the six‑month bar is a claim‑processing rule (nonjurisdictional) | Baywater: under Eckstein the six‑month bar is jurisdictional, so untimely suit deprives the court of SMJ | Held: § 30511(a) is a claim‑processing rule and not jurisdictional |
| Whether this panel may depart from Eckstein given Supreme Court precedent | Bonvillian: Kwai Fun Wong implicitly overruled the Fifth Circuit precedent relied on in Eckstein | Baywater: rule of orderliness binds panels; Eckstein remains controlling | Held: Kwai Fun Wong and related decisions effect an intervening change; panel may and does overturn Eckstein |
| Appropriate remedy after finding Eckstein no longer controls | Bonvillian: reverse dismissal and remand for merits/threshold factual disputes | Baywater: sought dismissal for lack of jurisdiction | Held: District court judgment reversed; case remanded for further proceedings consistent with opinion |
Key Cases Cited
- United States v. Kwai Fun Wong, 575 U.S. 402 (2015) (Supreme Court: time limits are nonjurisdictional absent a clear statement from Congress)
- In re Eckstein Marine Serv. L.L.C., 672 F.3d 310 (5th Cir. 2012) (prior Fifth Circuit decision treating Limitation Act six‑month deadline as jurisdictional)
- In re FEMA Trailer Formaldehyde Prods. Liab. Litig., 646 F.3d 185 (5th Cir. 2011) (Fifth Circuit precedent treating FTCA deadline as jurisdictional, later abrogated by Kwai Fun Wong)
- Orion Marine Constr., Inc. v. Carroll, 918 F.3d 1323 (11th Cir. 2019) (post‑Kwai Fun Wong Eleventh Circuit decision treating § 30511(a) as nonjurisdictional)
- In re RLB Contracting, Inc., 773 F.3d 596 (5th Cir. 2014) (applied Eckstein rule)