· 7/31/2003
Vierling v. Celebrity Cruises, Inc.
Citations
- 339 F.3d 1309
- 2003 A.M.C. 1966
- 2003 U.S. App. LEXIS 15373
- 2003 WL 21757223
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that an entity that was “financially self-sufficient, generate[d] its own revenues, and pa[id] its own debts” was not an arm of the state
- holding that a shipowner was entitled to indemnity if the trier of fact found that the port authority breached its warranty of workmanlike performance and that the breach caused the shipowner’s injury
- noting that the extent of a wharfinger’s warranty of workmanlike service is “largely determined by the services undertaken by the wharfinger”
- considering as one fac- tor “what degree of control the state maintains over the entity”
- applying Ryan indemnity in a personal injury case involving a maritime contractor
- “Every contract involving the rendering of services includes the implied promise to perform those services with reasonable care, skill, and safety.” (emphasis added)
Source: CourtListener parenthetical corpus (CC0).
Judges: Tjoflat, Anderson, Stafford
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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