Legal Opinion
American Telephone & Telegraph Co. v. M/V Cape Fear
District Court, D. New Jersey
Decided May 1, 1991No. Civ. A. 89-3438 (JHR)PublishedCited by 2 opinions
1Opinion of the Court
OPINION
RODRIGUEZ, District Judge:
Presently before the Court is a motion by the plaintiffs/claimants for a judgment on the pleadings, pursuant to Fed.R.Civ.P. 12(c), on the issue of the validity of the defendants’/petitioner’s affirmative defense based on the Limitation of Liability Act, 46 U.S.C.A. §§ 181-89 (West 1958 & Supp.1990). In the alternative, plaintiffs/claimants request dismissal of the petitioner’s complaint for non-compliance with provisions of the Limitation of Liability Act, or that security be increased to include the value of freight, and that defendants post a bond in place…
2Cases cited64 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Cort v. AshSupreme Court of the United States · 1975
- Cannon v. University of ChicagoSupreme Court of the United States · 1979
- Touche Ross & Co. v. RedingtonSupreme Court of the United States · 1979
- Morton v. MancariSupreme Court of the United States · 1974
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3Cited by2 opinions
- American Telephone & Telegraph Co. v. M/V Cape FearCourt of Appeals for the Third Circuit · 1992
- American Telephone & Telegraph Company v. Cape FearCourt of Appeals for the Third Circuit · 1992