Bergerco, U.S.A. v. The Shipping Corporation of India, Limited

How courts have described this case

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

• holding that despite compliance with Rule 10(c), because “we cannot meaningfully review the district court’s findings [without the benefit of the missing trial transcripts,] ... [t]his is one of the rare cases where a retrial is appropriate”
• “[W]here a defendant makes allegations of error which, if true, would be prejudicial, the unavailability of a transcript may make it impossible for the appellate court to determine whether the defendant’s substantive rights were affected.”
• “[W]here a defendant makes allegations of error which, if true, would be prejudicial, the unavailability of a transcript may make it impossible for the appellate court to determine whether the defendant’s substantive rights were affected.”

Source: CourtListener parenthetical corpus (CC0).