· 1/6/1988
Dammers & Vanderheide Scheepvaart Maats Christina v. Corona
Citations
- 836 F.2d 750
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding third party claim for indemnification, contribution and attorneys’ fees against shipowner creates a multiple claimant situation
- characterizing the Lake Tankers exception as arising out of the conflict between the saving-to-suitors clause and the Limitation Act
- finding similar stipulation designed to protect the shipowner against third-party indemnification claims by an agreement not to claim in excess of the limitation fund “adequate to protect the shipowner’s right to the safe harbor of limitation of liability”
- discussing the priority of the claimants’ claims and explaining that “such concessions in stipulations are sufficient to allow claimants who might not otherwise be entitled to do so to proceed with common law actions in other forums.”
- “the reasonable prospect of claims for indemnification should constitute a multiple claimant situation necessitating a concursus”
- \It is ... well settled that the potential for claims for attorneys' fees or costs against a shipowner by a claimant or a third party creates a multiple claimant situation necessitating a concursus.\
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.