Dismissal upheld

In a divided decision, a US federal appeals court has upheld a judge’s ruling throwing a lawsuit over an expensive collision between a dredger and a containership off China. The three-judge panel for the Fourth Circuit Court of Appeals said a lower court judge did not abuse his discretion when he threw out the cases against liner operator Mediterranean Shipping Co (MSC), arguing that the battle should be fought in China. The dissenter in the 2-1 decision, however, says the judge erred by failing to determine whether suing in China is an available option. The 9,200-teu containership MSC Joanna (built 2006) struck Boskalis Westminster’s 60,000-dwt trailer hopper dredger WD Fairway (built 1997, rebuilt 2003) in Chinese waters off Tianjin in 2007.