Legal Opinion
Robert C. Usher Kristi K. Usher v. M/v Ocean Wave, Her Engines, Tackle, Furnishings, Etc., in Rem
Court of Appeals for the Ninth Circuit
Decided June 14, 1994No. 92-35606PublishedCited by 22 opinions
1Per curiam
On December 27, 1988 Robert Usher was injured while working as a longshoreman aboard the M/V Yuhoh (now the M/V “OCEAN WAVE”). On November 12, 1991, two years and eleven months later, Robert Usher and his wife Kristi filed this action in rem against the OCEAN WAVE seeking damages for Robert’s physical injuries and Kristi’s loss of consortium. The district court dismissed both claims as barred by laches and Kristi’s claim on the additional ground there was no maritime hen and therefore no in rem jurisdiction for a claim of loss of consortium, 835 F.Supp. 1220. The Ushers argue the court erred…
2Cases cited19 opinions
- Moragne v. States Marine Lines, Inc.Supreme Court of the United States · 1970
- Miles v. Apex Marine Corp.Supreme Court of the United States · 1990
- Sea-Land Services, Inc. v. GaudetSupreme Court of the United States · 1974
- American Export Lines, Inc. v. AlvezSupreme Court of the United States · 1980
- Friel v. Cessna Aircraft Co.Court of Appeals for the Ninth Circuit · 1985
14 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Ivani Contracting Corp. v. City of New YorkCourt of Appeals for the Second Circuit · 1997
- Huseman v. Icicle Seafoods, Inc.Court of Appeals for the Ninth Circuit · 2006
- Abbott v. StateAlaska Supreme Court · 1999
- World Imports, Ltd. v. OEC Group (In Re World Imports Ltd.)Court of Appeals for the Third Circuit · 2016
- Ivani Contracting Corporation v. The City Of New YorkCourt of Appeals for the Second Circuit · 1997
17 more not listed; retrieve them via the Exa API.