Legal Opinion
Kane v. Union of Soviet Socialist Republics
Court of Appeals for the Third Circuit
Decided June 21, 1951No. 10261PublishedCited by 68 opinions
1Opinion of the Court
KALODNER, Circuit Judge.
In applying the doctrine of laches in an admiralty action for indemnity on account of personal injuries, is there a presumption of prejudice to the respondent arising from the libellant’s delay in bringing the action making it incumbent on the libellant to plead and prove facts negativing laches, or is it the respondent’s burden to prove actual prejudice?
The question is presented by this appeal from the judgment of the United States District Court for the Eastern District of Pennsylvania dismissing, on the ground of laches, a longshoreman’s action in admiralty for…
2Cases cited11 opinions
- Speidel v. HenriciSupreme Court of the United States · 1887
- Loverich v. Warner Co.Court of Appeals for the Third Circuit · 1941
- Hayes v. Port of SeattleSupreme Court of the United States · 1920
- Piatt v. VattierSupreme Court of the United States · 1835
- Redman v. United StatesCourt of Appeals for the Second Circuit · 1949
6 more not listed; retrieve them via the Exa API.
3Cited by68 opinions
- Demetrios Larios v. Victory Carriers, Inc., and Alexander S. Onassis Corp., and Boyd, Weir & Sewell, Inc., and Cia, Salaminia De Naviera S.A.Court of Appeals for the Second Circuit · 1963
- Andrew Oroz v. American President Lines, Ltd.Court of Appeals for the Second Circuit · 1958
- Michael J. Burke v. Gateway Clipper, IncCourt of Appeals for the Third Circuit · 1971
- Jose Guerrido, Libellant v. Alcoa Steamship Co., Inc.Court of Appeals for the First Circuit · 1956
- Gruca v. United States Steel Corp.Court of Appeals for the Third Circuit · 1974
63 more not listed; retrieve them via the Exa API.