Sundance Cruises Corporation v. American Bureau of Shipping

7 F.3d 1077 (1993)

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Sundance Cruises Corporation v. American Bureau of Shipping

United States Court of Appeals for the Second Circuit
7 F.3d 1077 (1993)

SC

Facts

Sundance Cruises Corporation (Sundance) (plaintiff) owned a ship called the Sundancer. Sundance registered the ship in the Bahamas. The American Bureau of Shipping (ABS) (defendant) was an independent ship-classification society. After the Sundancer was lost at sea, Sundance sued ABS in United States federal court, alleging that ABS was negligent in certifying the seaworthiness of the Sundancer. The district court held that Bahamian law applied to the dispute. Under the Bahamian Merchant Shipping Act of 1976 (the act), agents of the Bahamas appointed under the act were granted immunity from lawsuits regarding their performance related to the act, so long as they acted in good faith. ABS had been appointed as one such agent as a ship-classification society. Accordingly, the district court held that ABS was immune from Sundance’s lawsuit. Sundance appealed.

Rule of Law

Issue

Holding and Reasoning (Pratt, J.)

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