Defendants-Appellants Columbus Cello-Poly Corporation (“Columbus”), Cigna Insurance Company of Europe, S.A.-N.V. (“Cigna”), UTECO S.P.A. (“UTECO”), UMS Generali Marine, S.P.A. (“UMS”), Reunion Francaise S.A. (“Reunion”), and La Fondia-ria Assicurazioni S.P.A. (“La Fondiaria”, and collectively “Defendants”) appeal from a declaratory judgment, entered September 16, 1997, in the United States District Court for the Southern District of New York (Michael B. Mukasey, Judge), in favor of Plaintiff-Appellee Farrell Lines Incorporated (“Farrell”), and from an injunction prohibiting Defendants from further pursuing pending litigation against Farrell in Italy.
Pursuant to § 1304(5) of the Carriage of Goods by Sea Act, 46 U.S.C. app. § 1300, et seq., the district court held that Farrell’s liability for damage to a printing press that it had shipped from Livorno, Italy to Norfolk, Virginia was limited to $500. The press suffered damage of $800,000 caused by an accident following discharge from Farrell’s vessel. The press was insured by Cigna, UMS, Reunion and La Fondiaria. The district court also enjoined the Defendants from further pursuing an action against Farrell in Italy concerning this damage.
On appeal, the Defendants argue: (1) that the district court lacked personal jurisdiction and subject matter jurisdiction over them and this declaratory judgment action respectively; (2) that the district court lacked the power to enjoin them from pursuing the Italian action; and (3) that even assuming that the district court had the power to issue the injunction, it abused its discretion in doing so.
We disagree. For substantially the same reasons as those stated by the district court in its thoughtful and well-reasoned Opinion and Order, we hold that the district court had jurisdiction over both the controversy and the Defendants, had the power to enjoin the Defendants from pursing the Italian action, and properly exercised its discretion in employing this power to enjoin the Defendants from pursuing the Italian action. See Farrell Lines Inc. v. Columbus Cello-Poly Corp.,
Two aspects of the District Court’s opinion warrant some additional words, however. The first of these concerns the authority of a district court sitting in admiralty to issue injunctions. At an earlier time, such authority was thought not to exist, see, e.g., Schoenamsgruber v. Hamburg American Line,
As the district court anticipated, the appropriate case has arrived, and we now align ourselves with those courts that recognize the authority of an admiralty court to issue injunctions, including, in appropriate cases, anti-suit injunctions.
The second matter concerns the discretionary nature of declaratory relief. To the extent that Judge Mukasey felt obliged to entertain this declaratory judgment action, any such obligation as existed in prior ease law, see Texport Oil Co. v. M/V Amolyntos,
Even if I had discretion to dismiss this declaratory judgment action, I would decline to do so. It is true that courts should be dubious of declaratory judgment actions when the plaintiff files suit to interfere with an action already filed or in anticipation of defendant filing suit in another forum. However, here, plaintiff filed suit seeking resolution of a real controversy in the forum designated by the Bill of Lading. Even if plaintiff filed this action in anticipation of defendant insurers’ action in Italy, that would not be improper.
Farrell Lines,
We therefore affirm the judgment of the district court and the issuance of the anti-foreign suit injunction.
Notes
. This opinion has circulated among all active members of this Court prior to filing, and no judge has objected to its filing. See Kramer v. Time Warner, Inc.,
