NEW ORLEANS — Swiss corporation Cargill is suing the Marshall Islands-based owner of an oil tanker, alleging breach of warranty.
Cargill International SA is suing Sixthone Corporation in personam, and M/T Pyxis Delta, her engines, boilers, tackle, furniture, apparel, appurtenances, etc., in rem. Cargill filed a complaint on Sept. 16 in the U.S. District Court for the Eastern District of Louisiana against the defendants, alleging that they failed to comply with their contractual agreement.
According to the complaint, the plaintiff alleges that on Feb. 24, the plaintiff chartered defendant's vessel for a period of six months, plus an additional six months at the plaintiff's option. During the charter, the vessel was rejected several times for a proposed fixture due to deficiencies, the suit alleges. Due to the defendant's alleged breach, the plaintiff claims it sustained damages in the amount of $209,962.50. The plaintiff holds the defendants responsible because they allegedly failed to fulfill their obligation to ensure the vessel would not be disapproved of by any major oil or oil trading company during the term of the charter.
The plaintiff requests a trial by jury and seeks an order directing that the M/T Pyxis Delta be attached and arrested in the proceeding to the amount of the plaintiff's claims, plus interest, costs, and attorneys' fees, judgment against defendants in an amount no less than $183,226.60 and other and further relief. The plaintiff is represented by Andrew S. de Klerk, T. Patrick O’Leary and Brandon K. Thibodeaux of Frilot LLC in New Orleans.
U.S. District Court for the Eastern District of Louisiana Case number 2:16-cv-14760