Fischer v. S/Y NERAIDA

How courts have described this case

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

• stating that the “Act of God” defense “sensibly requires a showing that all reasonable measures would have been futile”
• noting the appellant bears a heavy burden, especially where the evidence is largely testimonial, because the district judge had the ability to observe the witnesses and evaluate their testimony and credibility ■ firsthand
• reviewing district court’s determination that reasonable steps were taken for “clear error”
• “[I]f a ship’s owner acted reasonably in preparing for a storm, the owner is not liable even if the ship eventually causes damage to another’s property.”
• doctrines are the same except the vessels to which they apply
• doctrines are the same except the vessels to which they apply

Source: CourtListener parenthetical corpus (CC0).