Fednav International Ltd. v. Continental Ins. Co.

Dist. Ct. did not err in dismissing for failure to state viable claim, plaintiff’s cause of action seeking attorney fees and costs associated with defending against defendant’s lawsuit in underlying Carriage by Goods at Sea Act action that had been dismissed due to defendant’s failure to file said action in proper forum. American Rule barred plaintiff’s claim for attorney fees and costs where record failed to contain any contractual provision or relevant statute calling for payment of said expenses by non-prevailing party. Ct. also rejected plaintiff’s contention that exception to American Rule applied after finding that plaintiff had failed to show that any wrongful conduct on part of defendant involved plaintiff in litigation with third-party.