Legal Opinion
Paul A. Cella and Barbara Cella v. Partenreederei Ms Ravenna, Appeal of Michael B. Latti
Court of Appeals for the First Circuit
Decided May 19, 1976No. 75--1210PublishedCited by 29 opinions
1Opinion of the Court
COFFIN, Chief Judge.
This appeal arises from a claim of attorney’s fees against that part of a longshoreman’s recovery against a third party shipowner which is subject to a steve dore-employer’s compensation lien. Appellant-attorney claims that his action in pursuing an injured longshoreman’s third party complaint to settlement created a “common fund” which the longshoreman and the employer’s compensation carrier shared. Equity, he says, demands that the compensation carrier be required to pay reasonable attorney’s fees out of that portion of the recovery which it receives. 1 Relying on…
2Cases cited18 opinions
- Seas Shipping Co. v. SierackiSupreme Court of the United States · 1946
- Ryan Stevedoring Co. v. Pan-Atlantic Steamship Corp.Supreme Court of the United States · 1956
- Federal Marine Terminals, Inc. v. Burnside Shipping Co.Supreme Court of the United States · 1969
- Mitchell v. the EtnaCourt of Appeals for the Third Circuit · 1943
- L. C. Haynes v. Rederi A/s AladdinCourt of Appeals for the Fifth Circuit · 1966
13 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Edmonds v. Compagnie Generale TransatlantiqueSupreme Court of the United States · 1979
- Bloomer v. Liberty Mutual InsuranceSupreme Court of the United States · 1980
- Albert Johnson v. American Mutual Liability Insurance CompanyCourt of Appeals for the Fifth Circuit · 1977
- Bachtel v. Mammoth Bulk Carriers, Ltd.Court of Appeals for the Ninth Circuit · 1979
- Vito Valentino v. Rickners Rhederei, G.M.B.H., Ss Etha, and John W. McGrath Corporation, Intervenor-AppellantCourt of Appeals for the Second Circuit · 1977
24 more not listed; retrieve them via the Exa API.