Legal Opinion

In Re Complaint of Holly Marine Towing, Inc., Owner of the Barge Hmt 7, for Exoneration From or Limitation of Liability

Court of Appeals for the Seventh Circuit

Decided October 26, 2001No. 01-1499PublishedCited by 10 opinions

1Opinion of the Court

POSNER, Circuit Judge.

The Limitation of Shipowners’ Liability Act, 46 U.S.C. §§ 183-189, limits, with irrelevant exceptions, the liability of a shipowner sued in tort to his investment in the ship and its freight, and establishes a procedure for obtaining and enforcing the limitation. 46 U.S.C. §§ 183(a), 185. This limitation of liability, the purpose of which is to subsidize the U.S. merchant marine, Grant Gilmore & Charles L. Black, Jr., The Law of Admiralty, § 10-2, pp. 818-19 (1975), is not to be confused with the more common limited liability of corporate shareholders, which would…

2Cases cited20 opinions

  1. Marsh v. Oregon Natural Resources CouncilSupreme Court of the United States · 1989
  2. American Dredging Co. v. MillerSupreme Court of the United States · 1994
  3. Lewis v. Lewis & Clark Marine, Inc.Supreme Court of the United States · 2001
  4. Walkovszky v. CarltonNew York Court of Appeals · 1966
  5. Pershing Auto Rentals, Inc. v. William C. GaffneyCourt of Appeals for the Fifth Circuit · 1960

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3Cited by10 opinions

  1. In Re the Complaint of Illinois Marine Towing, Inc.Court of Appeals for the Seventh Circuit · 2007
  2. Williams Sports Rentals Inc. v. Marian WillisCourt of Appeals for the Ninth Circuit · 2024
  3. In Re the Complaint of ArAmark Sports & Entertainment Services, LLCDistrict Court, D. Utah · 2010
  4. Live Life Bella Vita, LLC v. Cruising Yachts, Inc.Court of Appeals for the Ninth Circuit · 2024
  5. Dubuc v. Green Oak TownshipCourt of Appeals for the Sixth Circuit · 2002

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