Breach of Contract.

Byline: Derek Hawkins

7th Circuit Court of Appeals

Case Name: Vesuvius USA Corporation v. American Commercial Lines, LLC,

Case No.: 18-1881

Officials: KANNE, HAMILTON, and ST. EVE, Circuit Judges.

Focus: Breach of Contract

This breach of contract action comes to us in admiralty jurisdiction. Vesuvius USA Corporation contracted with American Commercial Lines LLC (now known as American Commercial Barge Line LLC, or "ACBL") to transport olivine sand by river barge from Louisiana to Kentucky. But when one of those shipments arrived with apparent water damage, a dispute arose between the parties about who was to blame. After some back-and-forth, they seemed to drop the matter. Two years later, however, Vesuvius brought this suit. Because the contract contains a clear limitations provision requiring the parties to bring disputes within four months of an incident, we affirm the district...