Gic Services, LLC. v. Freightplus USA, Inc.
GIC contracted with Freightplus to arrange for transport of a tugboat to Nigeria. Freightplus contracted with Yacht Path, who in turn contracted with IMC, as the vessel-operating common carrier. GIC filed suit against Freightplus when the tugboat did not discharge at the correct port, and Freightplus filed a third-party action against IMC. The court held that the non-vessel operating common carrier (NVOCC) and the vessel-operating common carrier (VOCC) relationship may give rise to a claim for maritime tort indemnity to the extent articulated in this case. Because the district court correctly determined that Freightplus was operating as an NVOCC and because its conclusion that IMC was negligent was not clearly erroneous, the court upheld its determination that IMC was liable to Freightplus. The court agreed with the district court's determination that Freightplus was not entitled to recover attorneys' fees from IMC. Because Freightplus has not demonstrated that IMC intended to release it from liability for the unpaid freight, the court affirmed the district court's judgment in this regard. Finally, the district court erred in barring IMC from proceeding against the tugboat in rem. Accordingly, the court reversed as to this issue and affirmed in all other respects. View "Gic Services, LLC. v. Freightplus USA, Inc." on Justia Law