Breach of Contract

By: Derek Hawkins//December 31, 2018//

Listen to this article

7^th Circuit Court of Appeals

Case Name: Vesuvius USA Corporation v. American Commercial Lines, LLC,

Case No.: 18-1881

Officials: KANNE, HAMILTON, and ST. EVE, Circuit Judges.

Focus: Breach of Contract

This breach of contract action comes to us in admiralty jurisdiction. Vesuvius USA Corporation contracted with American Commercial Lines LLC (now known as American Commercial Barge Line LLC, or “ACBL”) to transport olivine sand by river barge from Louisiana to Kentucky. But when one of those shipments arrived with apparent water damage, a dispute arose between the parties about who was to blame. After some back-and-forth, they seemed to drop the matter. Two years later, however, Vesuvius brought this suit. Because the contract contains a clear limitations provision requiring the parties to bring disputes within four months of an incident, we affirm the district court’s dismissal of the case.

Affirmed

Full Text

Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

Select Region or Brand

Upcoming Event