Jose Carmona v. Leo Ship Management, Inc.
924 F.3d 190
5th Cir.2019Background
- Plaintiff Jose Carmona, a stevedore, was injured unloading pipe bundles from M/V Komatsushima Star while the vessel was docked outside Houston in April 2014.
- Defendant Leo Ship Management, Inc. (LSM) is a Philippines-based ship manager that supplied crew and supervised vessel operations but did not own the vessel or control its itinerary.
- LSM had a 2009 ship-management contract requiring close communication with owners about the ship’s schedule and port information; LSM knew the ship would dock in Texas and kept its employees aboard.
- Carmona sued in Texas state court under general maritime law and the LHWCA for multiple negligence theories (improper stowage, failure to minimize hazards, failure to take safety precautions, unsafe turnover for discharge, failure to warn, failure to intervene).
- LSM removed and moved to dismiss for lack of personal jurisdiction; the district court dismissed all claims for lack of specific jurisdiction.
- The Fifth Circuit affirmed dismissal as to the claim that the pipes were improperly stowed (that conduct occurred abroad by a third party), vacated dismissal of the remaining claims, and remanded for the district court to decide the fairness/federalism prong.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether LSM’s presence aboard a vessel that docked in Texas and whose employees were present there confers minimum contacts | Knowing, voluntary entry into the forum and commission of a tort there is sufficient for specific jurisdiction; purposeful-availment analysis is unnecessary when the tort occurred and caused injury in the forum | LSM’s lack of control over itinerary and passive presence mean contacts were fortuitous; no purposeful availment | Contacts exist (LSM’s employees were present and allegedly tortious acts occurred in Texas); but purposeful availment remains a distinct constitutional requirement to be satisfied |
| Whether purposeful availment is satisfied when a defendant voluntarily keeps employees on a vessel bound for the forum despite lack of itinerary control | Not required if tort occurs in forum | LSM did not purposefully avail itself because it did not direct voyage or solicit Texas business | Court held LSM purposely availed itself by knowingly keeping employees aboard a ship bound for Texas and thus should have anticipated suit there |
| Whether each negligence theory arises from forum contacts (claim-by-claim specific-jurisdiction requirement) | All negligence claims stem from the same general harm; plaintiff urged a single analysis | LSM argued some alleged torts (e.g., improper stowage) occurred elsewhere and thus do not arise from Texas contacts | Court required claim-by-claim analysis: affirmed dismissal of the improper-stowage claim (occurred abroad), vacated dismissal of remaining claims that arose from in‑forum conduct |
| Whether exercising jurisdiction is fair and reasonable under due-process discretionary factors | N/A on appeal (plaintiff seeks jurisdiction) | N/A on appeal (LSM would argue unfairness) | Fifth Circuit remanded for the district court to resolve fairness/federalism factors; did not decide on appeal |
Key Cases Cited
- Burger King Corp. v. Rudzewicz, 471 U.S. 462 (purposeful availment is the constitutional touchstone for specific jurisdiction)
- Walden v. Fiore, 571 U.S. 277 (plaintiff cannot be the only link between defendant and forum; defendant’s own contacts required)
- Moncrief Oil Int’l Inc. v. OAO Gazprom, 481 F.3d 309 (forum contacts alone do not defeat purposefulness requirement)
- Asarco, Inc. v. Glenara, Ltd., 912 F.2d 784 (absence of a deliberate agreement to direct cargo to the forum precludes specific jurisdiction)
- Nuovo Pignone, SpA v. STORMAN ASIA M/V, 310 F.3d 374 (contract-specified forum/destination supports foreseeability of suit; fortuity differs from known destination)
- Sangha v. Navig8 ShipManagement Private Ltd., 882 F.3d 96 (standards for prima facie personal-jurisdiction showing in maritime/ship-management context)