Marquette Transportation Co. v. Great Lakes Dredge & Dock Co.
524 F. App'x 989
5th Cir.2013Background
- Marquette appeals district court’s dismissal of its limitation action as untimely.
- GLDD’s dredge TEXAS grounded January 20, 2011 while towed by Marquette’s MISS KATIE; 17 days of repair downtime.
- GLDD’s February 24, 2011 letter asserted negligence by MISS KATIE crew and sought payment for repair costs and consequential damages.
- Over months, GLDD and Marquette exchanged invoices; GLDD later quantified losses.
- August 25, 2011 meeting discussed GLDD losses; December 7, 2011 GLDD submitted a written claim for economic losses totaling $4,725,080.
- June 6, 2012 Marquette filed its limitation petition and posted a $2.1 million bond; district court dismissed for lack of jurisdiction as untimely; affirmance follows.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the six‑month deadline was triggered by GLDD’s February 2011 notice. | Marquette argues the deadline did not start until GLDD quantified its economic losses. | GLDD contends the February 2011 letter already put Marquette on notice of a claim exceeding vessel value. | Yes; the February 2011 letter triggered the six‑month period. |
Key Cases Cited
- In re Eckstein Marine Service, LLC, 672 F.3d 310 (5th Cir. 2012) (timeliness standard for Limitation Act notices; reasonable probability triggers timely filing)
- In re Morania Barge No. 190, Inc., 690 F.2d 32 (2d Cir. 1982) (reasonable probability threshold for exceeding vessel value; owner bears risk if doubt exists)
- In re TOM-MAC, Inc., 76 F.3d 678 (5th Cir. 1996) (uncertainty on vessel status does not excuse timely filing; six-month deadline can apply when claim may exceed value)