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D.C. Circuit Denies Petition to Review Commission Ruling

July 30, 2013

NR 13-09

Contact: Karen V. Gregory, Secretary (202-523-5725)

On Friday, the United States Court of Appeals for the District of Columbia Circuit upheld a ruling by the Commission that the City of Oakland and its Port Department are not entitled to sovereign immunity in complaint proceedings filed before the Commission. The ruling, City of Oakland v. Federal Maritime Commission, confirmed the Commission's ruling that the State of California did not intend to shield Oakland and its Port Department from a private complaint proceeding in a federal forum.

Tyler J. Wood, the Commission’s Deputy General Counsel, successfully argued the case for the Commission. On the brief were Joseph F. Wayland, Acting Assistant Attorney General, U.S. Department of Justice, Robert B. Nicholson and Robert J. Wiggers, Attorneys; Rebecca A. Fenneman, General Counsel and Elisa P. Holland, Attorney-Advisor, Federal Maritime Commission.

The Federal Maritime Commission is the federal agency responsible for regulating the nation’s international ocean transportation for the benefit of exporters, importers, and the American consumer. The FMC’s mission is to foster a fair, efficient, and reliable international ocean transportation system while protecting the public from unfair and deceptive practices.