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Bankruptcy Court Bars Shipping Act Claims From Being Brought Before Federal Maritime Commission

23 February 2012

A U.S. bankruptcy court denied motions by several shipping companies barring them from bringing Shipping Act claims against an insolvent Danish carrier before the Federal Maritime Commission. The court concluded that the Commission did not have exclusive or primary jurisdiction. As a result, the Shipping Act claims must be heard by the bankruptcy court as part of the carrier's cross-border bankruptcy case.

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