882 F. Supp. 2d 275
D.P.R.2012Background
- Francis, a Jamaican national, sues CTL and G&W Transport for injuries allegedly caused by defendants’ negligence, seeking relief under the Jones Act and general maritime law.
- Defendants move for summary judgment, arguing a lack of maritime jurisdiction and, in the alternative, forum non conveniens.
- Francis moves to strike certain exhibits defendants submitted in support of their summary judgment motion, challenging admissibility and authentication.
- The court analyzes admissibility of foreign public documents and whether Rule 902/901 standards apply at summary judgment.
- Applying the Lauritzen eight-factor test, the court concludes defendants lack Jones Act jurisdiction, and grants summary judgment, dismissing the case with prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court has maritime jurisdiction over the claim | Possesses Jones Act jurisdiction for seamen injured abroad. | Lack of connecting factors; forum non conveniens and no United States jurisdiction. | Lack of jurisdiction; summary judgment granted |
| Admissibility of Exhibits 1-7 and 15 under Rule 902/901 at summary judgment | Foreign public documents require authentication; admissibility is contested. | Exhibits pass reasonable likelihood of authenticity under Rule 901; Rule 902 machinery not required. | Exhibits 1-7 & 15 deemed admissible |
| Whether Exhibits 11, 14, and 16 should be stricken for lack of authentication | Exhibits 11, 14, 16 are inadmissible hearsay or unauthenticated. | Exhibits meet authentication standards or are properly supported. | Exhibits 11, 14, 16 struck |
| Application of the eight Lauritzen factors to determine jurisdiction | Defendants have substantial Puerto Rico contacts and base of operations supporting jurisdiction. | Contacts are insufficient for a base of operations; ship flag, ownership, and location counter the claim. | Eight factors largely weight against jurisdiction; summary judgment granted |
Key Cases Cited
- Lauritzen v. Larsen, 345 U.S. 571 (1953) (eight connecting factors for maritime jurisdiction)
- Hellenic Lines Ltd. v. Rhoditis, 398 U.S. 306 (1970) (base of operations consideration in jurisdiction)
- Kukias v. Chandris Lines, Inc., 839 F.2d 860 (1st Cir. 1988) (jurisdiction factors; guidance on foreign ownership and forum)
- Theordros v. Farida Shipping, Inc., 762 F.Supp. 10 (D.P.R. 1991) (application of Lauritzen factors in Puerto Rico context)
- Holmquist v. United States, 36 F.3d 154 (1st Cir. 1994) (reasonable likelihood standards for authenticity at summary judgment)
- De Jongh, 937 F.2d 1 (1st Cir. 1991) (good cause for relaxing Rule 902 authentication when appropriate)