Logistics Management, Inc. v. One (1) Pyramid Tent Arena

We must decide whether a non-vessel-operating common carrier has a maritime lien against cargo in its possession for unpaid freight.

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Logistics Management Inc., dba. TWI Ocean Logistic Services (“TWI”), appeals the district court’s dismissal for lack of subject matter jurisdiction over TWI’s admiralty action seeking to collect tariff charges and to foreclose a maritime lien against an item of cargo: One (1) Pyramid Tent Arena (“the Pyramid”), a five-story modular tent-like structure transported by TWI from England to California.

Pebbles Music, Inc. (“Pebbles”) owns the Pyramid. On February 24, 1994, Pebbles leased the Pyramid to Diamond Entertainment II, Inc. (“Diamond”), which is the predecessor in interest to Chariot Entertain *911 ment, Inc. (“Chariot”). Under the lease agreement, Diamond assumed responsibility for the costs of transporting the Pyramid from Birmingham, England to the back lot of the Imperial Palace Hotel and Casino in Las Vegas, Nevada for use as the arena for a series of American Gladiators performances.

Appellant TWI, a non-vessel-operating common carrier (“NVOCC”), 1 entered into a contract of carriage with Diamond to transport the Pyramid from England…