Legal Opinion

American Commercial Lines, Inc. v. United States

Court of Appeals for the Eighth Circuit

Decided October 24, 1984No. 84-1136PublishedCited by 5 opinions

1Per curiam

When a vessel owner files a complaint in district court for limitation of liability pursuant to statute, that court is empowered to establish a “monition period” during which all claimants must file their respective claims under pain of default. See Fed. R.Civ.P., Supp.R. for Certain Admiralty and Maritime Claims, F(4).1 For cause shown, however, the court may enlarge this period in order to entertain late claims. In this case we must decide whether the District Court2 abused its discretion by denying appellant Semar leave to file a late claim under Rule F(4). Finding no abuse of discretion,…

2Cases cited3 opinions

  1. Hector Lopez Sagastume v. Lampsis Navigation Ltd., as Owner of the DrosiaCourt of Appeals for the Second Circuit · 1978
  2. Meyer v. New England Fish Co.Court of Appeals for the Ninth Circuit · 1943
  3. Walter E. Jappinen v. Canada Steamship Lines, LimitedCourt of Appeals for the Sixth Circuit · 1969

3Cited by5 opinions

  1. In Re the Complaint of SheenDistrict Court, S.D. Florida · 1989
  2. White v. SabatinoDistrict Court, D. Hawaii · 2006
  3. Lloyd's Leasing Ltd. v. BatesCourt of Appeals for the Fifth Circuit · 1990
  4. American Commercial Lines, Inc., Owner, and Inland Tugs Co., Owner, Pro Hac Vice, of the Barge Chem-104 in an Action for Exoneration From And/or Limitation of Liability, American Commercial Lines, Inc., and Inland Tugs Co., Corporations v. The United States of America. Gerald Fox v. The United States Coast Guard and the United States of America, in Personam. Gerald Fox v. American Commercial Barge Line Company, a Corporation, and Monsanto Company, a Corporation, Jerald Semar, LateCourt of Appeals for the Eighth Circuit · 1984
  5. Lloyd's Leasing Limited v. James BatesCourt of Appeals for the Fifth Circuit · 1990

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