Legal Opinion

Lubrano v. Waterman Steamship Co.

Court of Appeals for the Second Circuit

Decided April 30, 1999No. Docket No. 98-7849PublishedCited by 6 opinions

1Opinion of the Court

CALABRESI, Circuit Judge:

This case presents the issue of whether a shipowner who successfully defends against a suit by an injured longshoreman may recover its litigation costs from a stevedore1 who caused the longshoreman’s injuries and who is not the employer of the longshoreman (hereinafter the “nonem-ploying stevedore”). The district court held that an obligation to indemnify is not an implied term of the contract between a shipowner and a stevedore. We agree, and affirm the district court’s decision.

*275BACKGROUND

On February 24, 1994, plaintiff Damian Lubrano, who worked as a longshoreman…

2Cases cited25 opinions

  1. Seas Shipping Co. v. SierackiSupreme Court of the United States · 1946
  2. Ryan Stevedoring Co. v. Pan-Atlantic Steamship Corp.Supreme Court of the United States · 1956
  3. The OsceolaSupreme Court of the United States · 1903
  4. Scindia Steam Navigation Co. v. De Los SantosSupreme Court of the United States · 1981
  5. Weyerhaeuser Steamship Co. v. Nacirema Operating Co.Supreme Court of the United States · 1958

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3Cited by6 opinions

  1. In re In reDistrict Court, S.D. Illinois · 2018
  2. Sea King Corp. v. Eimskip Logistics, Inc.District Court, E.D. Virginia · 2019
  3. Matthews v. United StatesDistrict Court, E.D. New York · 2001
  4. Giganti v. Polsteam Shipping Co.District Court, E.D. New York · 2013
  5. Marcinowski v. McCormack Boys Corp.District Court, S.D. New York · 2001

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