Legal Opinion

Jung Hyun Sook, Claimants-Appellants v. Great Pacific Shipping Company and Lasco Shipping Company, Complainants-Appellees

Court of Appeals for the Ninth Circuit

Decided November 6, 1980No. 78-2985PublishedCited by 15 opinions

1Opinion of the Court

BOOCHEVER, Circuit Judge.

This case involves the notice of claim requirements of 46 U.S.C. § 185, 1 which allows a vessel owner to petition for a limitation of liability within six months after a claimant gives the owner a “written notice of claim.” The issue is whether the filing of a law suit in Korea against an alleged agent of the vessel owner for damages sustained in a maritime accident constituted “written notice of claim” under § 185 sufficient to begin the six month statute of limitations applicable to limitation of liability actions. We hold that it does not.

On February 13, 1977, the…

2Cases cited15 opinions

  1. British Transport Commission v. United StatesSupreme Court of the United States · 1957
  2. The San PedroSupreme Court of the United States · 1912
  3. The Fred Smartley, Jr.Court of Appeals for the Fourth Circuit · 1940
  4. Petition of GoulandrisCourt of Appeals for the Second Circuit · 1944
  5. The Quarrington CourtCourt of Appeals for the Second Circuit · 1939

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3Cited by15 opinions

  1. In the Matter of the Complaint of McCarthy Brothers Company/clark Bridge, as Owner Pro Hac Vice of Barge No. Aeb1 for Exoneration From or Limitation of LiabilityCourt of Appeals for the Seventh Circuit · 1996
  2. United States v. Oakland Cannabis Buyers' Cooperative Jeffrey JonesCourt of Appeals for the Ninth Circuit · 1999
  3. Esta Later Charters, Inc. v. IgnacioCourt of Appeals for the Ninth Circuit · 1989
  4. In The Matter Of The Complaint Of Bowoon Sangsa Co., Ltd.Court of Appeals for the Ninth Circuit · 1983
  5. In Re the Complaint of Okeanos Ocean Research Foundation, Inc.District Court, S.D. New York · 1989

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