Bournias v. Atlantic Maritime Co. Case Brief Summary | Law Case Explained

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Bournias v. Atlantic Maritime Co. | 220 F.2d 152 (2d. Cir.1955)

Which source of law decides whether a claim is time-barred? Bournias versus Atlantic Maritime pits two jurisdictions’ statutes of limitations against one another. The plaintiff’s claim was time-barred under foreign law, but not under the law of the forum.

John Bournias was a crewmember on a ship owned by the Atlantic Maritime Company. The ship had been registered with Panama, but during Bournias’s employment, the company transferred the ship’s registry to Honduras. Bournias claimed that he was entitled to additional wages and vacation time based on the ship’s change of registry. His claim was primarily based on foreign law, specifically Panama’s labor code.

Bournias ended his employment with Atlantic Maritime in December nineteen fifty. Two years passed. In December of nineteen fifty-two, Bournias filed a complaint in an American federal court. His claim was timely under the law of the forum.

Atlantic Maritime claimed that the suit was barred by the foreign statute of limitations. The Panama labor code specified that claims were time-barred after one year.

The trial court held that the Panama statute of limitations barred Bournias’s claims. Bournias appealed to the Second Circuit.

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