FMC says Charleston port complaint should be heard
A complaint by Charleston stevedore Carolina Marine Handling (CMH) against other businesses in the port should move forward, said the U.S. Federal Maritime Commission.
This week the FMC refused to reconsider a decision it made in June to remand the case to an administrative law judge.
The FMC said it was 'mindful of the fact that it has been more than seven years since CMH filed its August 1999 complaint requesting discovery. We urge the parties upon remand to cooperate with the ALJ to establish a schedule for the speedy completion of discovery, and encourage the ALJ to use his sound discretion to move these proceedings forward without any further delay.'
The CMH complaint stems from its eviction from the old Navy pier area in Charleston. CMH filed a complaint against the South Carolina State Ports Authority, Charleston Naval Complex Redevelopment Authority, and two private businesses. The FMC ruled that as government entities, the ports authority and redevelopment agency have sovereign immunity. It has removed the port authority's name from the case caption.
Without ruling on the merits of its complaint, the FMC said discovery in the CMH complaint against the two businesses, Charleston International Projects and Charleston International Ports, should proceed to discovery.
FMC says Charleston port complaint should be heard
