Nature of the Case
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Facts
The ISABELLE is of Greek registry and is owned by Cosmar Compania Naviera, S.A., a Panamanian corporation. The directors and officers of Cosmar are Greek citizens; no Cosmar shareholder is a citizen or resident of the United States. Cosmar has no office in the United States. Celestial (D), a New York corporation, serves as an agent for the vessel. Celestial (D) has no ownership interest in the ISABELLE, has no control over the hiring of crewmembers, and makes no decisions regarding the operation of the vessel. P, a Greek citizen, was injured while working as a member of the crew. P filed suit against the ISABELLE (D), Cosmar, Cosmar's P & I insurer, The United Kingdom Mutual Steam Ship Assurance Association, Ltd., and Celestial (D). Filia Maritime Agency, S. A., a Greek maritime agency that provided crew and other services to the ISABELLE, and Sunrise Shipping Agency, Inc., a New Orleans 'protective' agent employed by Cosmar to assist the ISABELLE with its local needs were also named as defendants. The court granted Celestial's (D) motion for summary judgment, finding that Celestial (D) was not a proper Jones Act defendant. The court granted Cosmar's (D) motion to dismiss for reasons of forum non-conveniens in that the Jones Act was not the proper law to apply to the case. The court also granted the United Kingdom's motion to dismiss and granted summary judgment in favor of Sunrise Shipping and Filia. P appealed.
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