Holland America Can Forget Washington Jurisdiction Over Wind Song Litigation
In Holland America v. Wärtsilä N. America, the Ninth Circuit decided several jurisdictional issues arising through interlocutory appeal in a case arising from the destruction of the cruise ship Wind Song. Holland America failed in its attempt to keep the litigation in the state of Washington. Its contracts with one set of defendants included a forum selection clause which placed any litigation in France; accordingly, those defendants were properly dismissed. As to another set of defendants, a lack of a meaningful contacts and a lack of nexus prevented conference of jurisdiction in Washington. The effects test cannot apply as the alleged torts involve negligence, rather than intentional torts. For similar reasons, nationwide jurisdiction pursuant to FRCP 4(2)(k) was also inapplicable.
