Beiswenger Enterprises Corp. v. Carletta

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• suggesting that stipulations should “set the priority in which the multiple claims will be paid from the limitation fund”
• noting that “[e]very circuit court of appeals that has expressly addressed this argument has accepted it”
• recognizing the saving to suitors clause “embodies a presumption in favor of jury trials and com mon law remedies in the forum of the claimant’s choice”
• “In this case, therefore, we hold that the possibility of claims from BEC’s state court co-defendants creates a multiple claims situation.” (emphasis added)
• “Even in a single claimant case, the stipulations must fully protect the vessel owner’s rights under the Limitation Act.”
• “In our view, this stipulation cures the ‘multiple claims’ problem . . ..”

Source: CourtListener parenthetical corpus (CC0).