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· 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 CourtListener

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.