CAPE FLATTERY LTD. v. TITAN MARITIME, LLC

No. 09-15682.

647 F.3d 914 (2011)

CAPE FLATTERY LIMITED, Plaintiff-Appellee, v. TITAN MARITIME, LLC, a Crowley Company, DBA Titan Salvage, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 26, 2011.


Attorney(s) appearing for the Case

Steven M. Egesdal , Nenad Krek , Erika Leina Togashi Lewis , Duane Richard Miyashiro , Carlsmith Ball LLP, Honolulu, HI, Eugene J. O'Connor , Chalos O'Connor & Duffy LLP, Port Washington, NY, for the appellee.

John Robert Lacy , Goodsill Anderson Quinn & Stifel, Honolulu, HI, Albert E. Peacock III , James Arthur Henry Marissen , Keesal, Young & Logan, Long Beach, CA, for the appellant.

Before: A. WALLACE TASHIMA, WILLIAM A. FLETCHER, and MARSHA S. BERZON, Circuit Judges.


OPINION

W. FLETCHER, Circuit Judge:

Plaintiff Cape Flattery Limited ("Cape Flattery") sued Defendant Titan Maritime ("Titan") for gross negligence in its salvage of Cape Flattery's vessel, the M/V Cape Flattery. Titan appeals the district court's decision denying its motion to compel arbitration of the dispute under the Federal Arbitration Act ("FAA"). Titan argues that the district court erred in refusing...

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