Legal Opinion

Evich v. Connelly

Court of Appeals for the Ninth Circuit

Decided May 9, 1985No. 84-4106PublishedCited by 19 opinions

1Opinion of the Court

EUGENE A. WRIGHT, Circuit Judge:

This appeal arises from the maritime accident in Berg v. Chevron, 759 F.2d 1425, decided today. The events leading to the Connelly claim are set out in the Berg opinion. The legal issues in the two cases are distinct, though they arise from the same facts.

*1433ADDITIONAL FACTS

The Estate of Robert Connelly filed a wrongful death action against the owners of the CAPELLA, Peter Evich and the estate of Ogie Berg. The action was stayed pending the Berg v. Chevron trial. During that trial, the CAPELLA owners moved to dismiss for failure to state a claim under Fed.R.Civ.P.…

2Cases cited8 opinions

  1. Moragne v. States Marine Lines, Inc.Supreme Court of the United States · 1970
  2. Sea-Land Services, Inc. v. GaudetSupreme Court of the United States · 1974
  3. Mobil Oil Corp. v. HigginbothamSupreme Court of the United States · 1978
  4. H. Azzopardi, Individually and as Personal Representative of the Estate of Paul Azzopardi, Deceased v. Ocean Drilling & Exploration Co.Court of Appeals for the Fifth Circuit · 1984
  5. Marilyn E. Berg, Personal Representative of the Estate of Ogie Berg v. Chevron U.S.A., IncorporatedCourt of Appeals for the Ninth Circuit · 1985

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3Cited by19 opinions

  1. Ecker v. Town of West HartfordSupreme Court of Connecticut · 1987
  2. Oldham v. Korean Air Lines Co., Ltd.Court of Appeals for the D.C. Circuit · 1997
  3. Marilyn E. Berg, Personal Representative of the Estate of Ogie Berg v. Chevron U.S.A., IncorporatedCourt of Appeals for the Ninth Circuit · 1985
  4. Favaloro v. S/S GOLDEN GATEDistrict Court, N.D. California · 1987
  5. In Re Air Disaster Near Honolulu, Hawaii on February 24, 1989District Court, N.D. California · 1990

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