Legal Opinion
Brege v. Lakes Shipping Co.
District Court, E.D. Michigan
Decided December 29, 2004No. 04-10051-BCPublishedCited by 2 opinions
1Opinion of the Court
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION TO DISMISS COUNTERCLAIM
LAWSON, District Judge.
In this action by a seaman to recover damages for personal injuries under the Jones Act, 46 U.S.C. § 688, and general maritime law, the defendants have filed a counterclaim to recover overpayments to the plaintiff, which they made under their common-law obligation of maintenance and cure. The plaintiff views this counterclaim as sounding in fraud and has filed a motion to dismiss it on the grounds that the averments of fraud lack the specificity required by Federal Rule of Civil…
2Cases cited18 opinions
- Vess v. Ciba-Geigy Corp. USACourt of Appeals for the Ninth Circuit · 2003
- Vivian J. Scheid v. Fanny Farmer Candy Shops, Inc.Court of Appeals for the Sixth Circuit · 1988
- In Re Delorean Motor Company, Debtor. David W. Allard, Jr. v. Howard L. Weitzman, an IndividualCourt of Appeals for the Sixth Circuit · 1993
- Mayer v. MylodCourt of Appeals for the Sixth Circuit · 1993
- Sidney Morse v. R. Clayton McWhorterCourt of Appeals for the Sixth Circuit · 2002
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3Cited by2 opinions
- Royal Caribbean Cruises, Ltd. v. CoxDistrict Court of Appeal of Florida · 2008
- Whitchurch v. Canton Marine Towing Co.District Court, C.D. Illinois · 2018