Legal Opinion

Cape Fear, Inc. v. Martin

Court of Appeals for the First Circuit

Decided November 1, 2002No. 02-1153PublishedCited by 15 opinions

1Opinion of the Court

COFFIN, Senior Circuit Judge.

This case arises from the sinking of a clamming vessel off the coast of New Bed-ford, Massachusetts, causing the deaths of two crew members. Appellant, the vessel’s owner, 1 filed a petition in admiralty seeking exoneration or limitation of liability under the Limitation of Liability Act (“the Limitation Act”), 46 U.S.C. app. §§ 181-196. The district court rejected the petition and found that the vessel was unseaworthy, leaving appellant fully exposed to pending damage claims. We affirm.

I. Background

The F/V CAPE FEAR had been on a routine clamming trip out of New…

2Cases cited15 opinions

  1. Lewis v. Lewis & Clark Marine, Inc.Supreme Court of the United States · 2001
  2. The SilviaSupreme Court of the United States · 1898
  3. Carr v. PMS Fishing Corp.Court of Appeals for the First Circuit · 1999
  4. Vargas v. McNamaraCourt of Appeals for the First Circuit · 1979
  5. Underwriters at Lloyd's v. LabarcaCourt of Appeals for the First Circuit · 2001

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3Cited by15 opinions

  1. Ridinger v. Dow Jones & Co. Inc.Court of Appeals for the Second Circuit · 2011
  2. Nevor v. Moneypenny Holdings, LLCCourt of Appeals for the First Circuit · 2016
  3. Torres-Lazarini v. United StatesCourt of Appeals for the First Circuit · 2008
  4. Students for Fair Admissions v. President & Fellows of HarvardCourt of Appeals for the First Circuit · 2020
  5. González-Rucci v. United States Immigration & Naturalization ServiceCourt of Appeals for the First Circuit · 2008

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