· 12/24/2003
Continental Insurance Company v. M/v Orsula, Her Engines, Boilers, Etc., Fednav International Ltd., and Atlant Adria Corporation
Citations
- 354 F.3d 603
- 2004 A.M.C. 172
- 2003 U.S. App. LEXIS 26288
- 2003 WL 23010240
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that \[w]e may affirm a district court's judgment on alternate grounds found in the record\
- noting that the effect of transfer is to preserve the initial filing date for purpose of the statute of limitations
- enforcing Fednav’s forum-selection clauses and noting that Continental did not contest the validity of the clauses
- enforcing Fednav’s forum-selection clauses and noting that Conti- nental did not contest the validity of the clauses
- “While dismissing the suit because of a mistake that is “easy to commit’” might be ‘““so disproportionate’” .. . the ““proper penalty for obvious mistakes that impose costs on opposing parties and on the judicial system is a heavy one.’””
- finding the district court’s dismissal, rather than transfer, was proper
Source: CourtListener parenthetical corpus (CC0).
Judges: Kanne, Rovner, Wood
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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