United States Court of Appeals

for the Fifth Circuit

No. 21-30420

consolidated with 

No. 21-30487

In re: In the Matter of the Complaint of American 

Petroleum Tankers X LLC, As the Owner of the M/T 

American Liberty, and Crowley Global Ship 

Management, Inc., As the Owner Pro Hac Vice of the 

M/T American Liberty, for Exoneration from or 

Limitation of Liability

American Petroleum Tankers X, L.L.C., As the Owner of 

the M/T American Liberty; Crowley Global Ship 

Management, Incorporated, As the Owner Pro Hac Vice 

of the M/T American Liberty, 

Petitioners—Appellants,

versus

American River Transportation Company, L.L.C.;

Archer Daniels Midland Company, doing business as 

ADM Grain Company; ADM International SARL; 

Lexington Insurance Company; XL Insurance America, 

Incorporated; Crum & Forster Specialty Insurance 

Company; Partner Reinsurance Europe SE; Endurance 

Assurance Corporation; Certain Underwriters at 

Lloyd’s Syndicate 1183; Axis Reinsurance Company; 

Certain Underwriters at Lloyd’s Syndicate 2987; Allied 

World Assurance Company, Limited; Clement Bell; 

Ryheme Knighton; Robert Sayles; Port of South 

United States Court of Appeals

Fifth Circuit

FILED

May 20, 2022

Lyle W. Cayce

Clerk

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Louisiana; Associated Marine Equipment, L.L.C.; 

Associated Terminals, L.L.C.; Scor Reinsurance 

Company; Ascot Underwriting Limited and Other 

Underwriters; Berkshire Hathaway Specialty 

Insurance Company; Marathon Petroleum Company, 

L.P.; AIG Europe, Limited; Allianz Global Corporate ; 

Specialty SE; Argo International Syndicate 1200; Axis 

Syndicate 2007; Barbican Syndicate 1955; Chaucer 

Syndicate 1084; Liberty Syndicate 4472; Markel 

Syndicate 3000; MS Amlin Syndicate 2001; Skuld 

Syndicate 1897; Tokio Marine Houston Casualty 

Company; Through Transport Mutual Insurance 

Association, Limited, 

Claimants—Appellees,

Brandon Woodford, 

Third Party Defendant—Appellee.

Appeal from the United States District Court 

For the Eastern District of Louisiana

No. 2:19-CV-10525 

No. 2:19-CV-10925

Before Richman, Chief Judge, and Costa and Ho, Circuit Judges.

Per Curiam:*

On the evening of May 16, 2019, the fully laden product tanker 

AMERICAN LIBERTY (“Vessel”) left harbor in Garyville, Louisiana on 

the Lower Mississippi River. In the fast current, the bridge team lost control 

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this 

opinion should not be published and is not precedent except under the limited 

circumstances set forth in 5th Circuit Rule 47.5.4.

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No. 21-30420 

c/w No. 21-30487

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of the Vessel, resulting in an accident that injured four people and damaged 

moored vessels, barges, and wharfs.

In the district court proceedings, the owner of the Vessel, American 

Petroleum Tankers X, L.L.C. (“APTX”), sought to be exonerated of 

liability. The operator of the Vessel, Crowley Global Ship Management, Inc. 

(“Crowley”), sought to limit its potential liability to the value of the Vessel. 

The district court held a bench trial pursuant to the Limitation of Liability 

Act and entered an injunction staying any related litigation against Crowley 

and APTX (the “Vessel Interests”) until the end of the limitation of liability 

proceedings. See 46 U.S.C. § 30501. The district court ultimately concluded 

that the Vessel Interests were not entitled to limit their liability, and it lifted 

the injunction staying litigation.

The Vessel Interests appealed the denial of limited liability in Case 

No. 21-30420. Additionally, in a separate appeal, Case No. 21-30487, the 

Vessel Interests argue that the district court’s injunction should remain in 

place until the conclusion of their appeal of the denial of limited liability. We 

consolidate these appeals. 

This court “reviews the grant or denial of limited liability for clear 

error.” In re Omega Protein, Inc., 548 F.3d 361, 368 (5th Cir. 2008). The 

Limitation of Liability Act, 46 U.S.C. §§ 30501, et seq., allows a defendant in

a maritime accident to petition for exoneration from liability. Alternatively,

a defendant could petition to limit its liability to the value of the vessel, plus 

any pending freight, if it had no privity to or knowledge of any unseaworthy 

condition or negligent act that was a proximate cause of the accident. In re 

Omega Protein, 548 F.3d at 371. The district court found that negligence of 

the master and crew caused the accident, and therefore that APTX was not 

entitled to exoneration from liability. See Probo II London v. Isla Santay MV, 

92 F.3d 361, 365 (5th Cir. 1996) (“[I]f the negligence of the master or crew 

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contributed to the collision . . . the shipowner also will face in personam

liability”). Additionally, the district court found that Crowley and APTX are

not entitled to limited liability because they had privity to and knowledge of 

the negligence. 

We find no clear error in the district court’s well-reasoned opinion 

and affirm its denial of limited liability. Our decision renders the appeal in 

21-30487 moot. 

Case: 21-30420 Document: 00516327018 Page: 4 Date Filed: 05/20/2022