HOLLAND AMERICA LINE v. WÄRTSILÄ NORTH AMER.

No. 05-35572.

485 F.3d 450 (2007)

HOLLAND AMERICA LINE INC; and Windstar Sail Cruises Ltd, on behalf of themselves as former agents, owners and operators of the former vessel M/S/Y Wind Song, and together on behalf of their subrogated insurers, Plaintiffs-Appellants, v. WÄRTSILÄ NORTH AMERICA, INC., Defendant, and Wärtsilä Finland Oy; Wärtsilä Corporation; Bureau Veritas S.A.; Bureau Veritas (Canada) Inc.; Bureau Veritas North America, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 7, 2007.


Attorney(s) appearing for the Case

Frank Brucculeri and Bradley M. Rose, Kaye, Rose, and Partners, Los Angeles, California, for the plaintiffs-appellants.

Christopher B. Kende and Rodney Q. Fonda, Cozen O'Connor, Seattle, Washington; and Gerald Zingone, Thelen Reid Brown Raysman & Steiner, LLP, Washington, D.C., for the defendants-appellees.

Before BETTY B. FLETCHER, SUSAN P. GRABER, and M. MARGARET McKEOWN, Circuit Judges.


Partial Concurrence and Partial Dissent by Judge BETTY B. FLETCHER.

McKEOWN, Circuit Judge.

At the heart of this tangled jurisdictional dispute is a simple but unfortunate accident. In 2002, the Wind Song, a Bahamian cruise ship, was sailing from Papeete, Tahiti, to Huahine, Tahiti. A fire broke out during the voyage, and it eventually spread through the ship, destroying the ship entirely. Holland America Cruise Line ("Holland America") and Windstar Sail Cruises...

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