Blake Marine Grp. v. CarVal Investors LLC, No. 15-3115 (8th Cir. 2016)Annotate this Case
Blake filed suit against CarVal and Lux, alleging tortious interference with Blake's contract to lease a barge and crane to a third party. The district court dismissed the complaint as time-barred. To determine the applicable limitations period the court looked to the choice of law rules of the forum state, which in this case is Minnesota. The court concluded that Alabama's interest in compensating Blake, a resident of that state, outweighs Minnesota's interest and favors the application of Alabama law. Therefore, the court concluded that the fourth choice of law factor favors the application of Alabama law. Since this is the only factor which favors either state's law, the district court did not err by applying Alabama law and dismissing Blake's claim as time barred. The court also concluded that Blake waived its argument that the district court should apply the "fairness exception" to Minnesota's borrowing statute; Blake has not satisfied the first requirement for invoking federal admiralty jurisdiction - the alleged tort occurred on navigable waters - and that laches does not apply; and there was no fraudulent concealment of facts and thus no basis to toll the two year limitations period. Accordingly, the court affirmed the judgment.