Eighth Circuit: Blake Marine Group v. CarVal Investors LLC


Choice of Law, Admiralty, FRCP


Although application of the (Erie) forum's law would allow greater recovery in the forum state, as the forum state borrows the statute of limitations from the state providing the relevant substantive law, the forum state's choice of law rules minimize the importance of recoveries other than those involved in the case, and the law of the plaintiff's state should therefore control.

Insufficient basis for claim of laches under Admiralty jurisdiction, as there's no showing of navigable waters.

Claims of fraud pleaded with insufficient particularity to justify an equitable toll to the statute of limitations.


Blake Marine Group  v.  CarVal Investors LLC