· 2/22/2012
Eckstein Marine Service L.L.C. v. Lorne Jac
Citations
- 672 F.3d 310
- 2012 WL 560759
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that defendant’s pleadings gave adequate notice to plaintiff that defendant was challenging the district court’s jurisdiction under Rule 12(b)(1)
- impliedly overruled on other grounds by In re Bonvillian Marine Serv., Inc., 19 F.4th (5th Cir. 2021)
- “The Limitation Act's six-month timeline does not automatically begin to run when a vessel owner learns a claimant has filed a lawsuit.”
- “While many statutory filing deadlines are not jurisdictional, we have long recognized that some are. The Limitation Act’s six-month filing requirement is one of these.” (footnote omitted)
- [The six-month timeline] is triggered only if and when the written notice reveals a “reasonable possibility” that the claim will exceed the value of the vessel”
- “While this standard is not toothless, it is also not particularly stringent.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Jones, Higginbotham, Southwick
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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