· 5/21/2001
Hellenic Inc. v. Bridgeline Gas Distribution LLC
Citations
- 252 F.3d 391
- 2001 A.M.C. 1835
- 2001 U.S. App. LEXIS 10472
- 2001 WL 536923
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “it is the ‘extent of the employee’s responsibility, not his title, that determines whether limitation is foreclosed.” (quoting Bonanza Corp., 706 F.2d at 1377 n.16)
- discussing the applicability of agency principles when determining the privity and knowledge of a corporation seeking limitation of liability
- “The decision on whether to impute knowledge acquired by such employees tends to be fact-intensive and contingent on the specific legal regime involved.”
- “The decision on whether to impute knowledge acquired by such employees tends to be fact-intensive and contingent on the specific legal- regime involved.”
- “Under the [Limited Liability] Act, a party is entitled to limitation only if it is without privity or knowledge of the cause of the loss.” (citation modified)
- “Once the claimant establishes negligence or unseaworthiness, the burden shifts to the owner of the vessel to prove that negligence was not within the owner’s privity or knowledge.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Garza, Higginbotham, Smith
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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