§Why CasetextPricing

National Liability & Fire Insurance Co. v. Rick's Marine Corp. et al

MOTION for Summary Judgment

42 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 218,869 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  2. Cipollone v. Liggett Group, Inc.

    505 U.S. 504 (1992)   Cited 2,428 times   9 Legal Analyses
    Holding that an express warranty was not a "requirement ... imposed under State law" because the obligation was imposed by the warrantor

  3. McCarthy v. Dun & Bradstreet Corp.

    482 F.3d 184 (2d Cir. 2007)   Cited 3,276 times
    Holding that the district court did not abuse its discretion in denying leave to amend where "discovery had closed, defendants had filed for summary judgment, and nearly two years had passed since the filing of the original complaint"

  4. Brown v. Eli Lilly & Co.

    654 F.3d 347 (2d Cir. 2011)   Cited 1,197 times   1 Legal Analyses
    Holding that court was without jurisdiction to consider appeal as to two parties because the judgment against one party was appealed but the appeal was dismissed as untimely and the judgment against the other party was not appealed

  5. F.D.I.C. v. Great American Ins. Co.

    607 F.3d 288 (2d Cir. 2010)   Cited 625 times
    Finding falsity where facts established that "no reasonable interpretation of the question" could lead the insured to conclude that it answer provided was complete and truthful

  6. Lopresti v. Terwilliger

    126 F.3d 34 (2d Cir. 1997)   Cited 345 times
    Holding that a legal conclusion that a particular individual qualifies as a fiduciary under ERISA is subject to de novo review

  7. The Robert W. Parsons

    191 U.S. 17 (1903)   Cited 164 times
    Holding that a barge drawn by horses in the Erie Canal was a vessel because "[s]o long as the vessel is engaged in commerce and navigation it is difficult to see how the jurisdiction of admiralty is affected by its means of propulsion"

  8. Marlen C. Robb & Son Boatyard & Marina, Inc. v. The Vessel Bristol

    893 F. Supp. 526 (E.D.N.C. 1994)   Cited 24 times

    No. 93-106-CIV-4-MC. December 8, 1994 W.B. Carter, Jr., Washington, for plaintiff. Stevenson L. Weeks, Beaufort, for defendants. FINDINGS OF FACT AND CONCLUSIONS OF LAW McCOTTER, United States Magistrate Judge. This matter came before the court for trial on October 17 and 18, 1994, in New Bern. The case was tried without a jury, the parties' counsel having waived jury trial, before the undersigned United States Magistrate Judge, pursuant to 28 U.S.C. § 636(c). After having heard and reviewed all

  9. Native Village of Naknek v. Jones Pacific Maritime, LLC

    141 F. Supp. 3d 1157 (W.D. Wash. 2015)   Cited 1 times

    Case No. C14–5740 BHS. 2015-10-21 NATIVE VILLAGE OF NAKNEK, Plaintiff, v. JONES PACIFIC MARITIME, LLC, et al., Defendants. Bruce A. Moore, Landye Bennett Blumstein, Anchorage, AK, for Plaintiff. John E. Casperson, Holmes Weddle & Barcott, Seattle, WA, for Defendants. BENJAMIN H. SETTLE, District Judge. Bruce A. Moore, Landye Bennett Blumstein, Anchorage, AK, for Plaintiff. John E. Casperson, Holmes Weddle & Barcott, Seattle, WA, for Defendants. ORDER GRANTING IN PART AND DENYING DEFENDANTS' MOTION

  10. Barwil ASCA v. M/V SAVA

    44 F. Supp. 2d 484 (E.D.N.Y. 1999)   Cited 14 times

    No. 97 CV 4105(NG). April 7, 1999. Michael E. Stern, Nourse Bowles, LLP, New York City, for plaintiff. Mark C. Flavin, Carter, Ledyard Milburn, New York City, for defendant. MEMORANDUM AND ORDER GERSHON, District Judge. Plaintiffs Barwil ASCA ("Barwil") and Moran Towing Corp. ("Moran") assert a claim for a maritime lien against the M/V SAVA ("the Vessel") in rem, as well as in personam claims against the Vessel's owner Croatia Line, its operator Malta Cross Shipping Co. ("Malta"), and its charterer

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 333,232 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 71,368 times   127 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

  13. Section 1746 - Unsworn declarations under penalty of perjury

    28 U.S.C. § 1746   Cited 10,247 times   17 Legal Analyses
    Making affidavits and declarations effectively synonymous

  14. Section 31342 - Establishing maritime liens

    46 U.S.C. § 31342   Cited 359 times   7 Legal Analyses
    Granting a maritime lien to a person “providing necessaries to a vessel”

  15. Section 31301 - Definitions

    46 U.S.C. § 31301   Cited 348 times   4 Legal Analyses
    Defining "necessaries" as "includ[ing] repairs, supplies, towage and the use of a dry dock or marine railway"

  16. Section 31341 - Persons presumed to have authority to procure necessaries

    46 U.S.C. § 31341   Cited 159 times   4 Legal Analyses
    Stating that charterers are only presumed to have authority to bind the vessel

  17. Section 184 - Lien of bailee of motor vehicles, motor boats or aircraft

    N.Y. Lien Law § 184   Cited 130 times

    1. A person keeping a garage, hangar or place for the storage, maintenance, keeping or repair of motor vehicles as defined by the vehicle and traffic law, or of motor boats as defined by article seven of the navigation law, or of aircraft as defined by article fourteen of the general business law, and who in connection therewith tows, stores, maintains, keeps or repairs any motor vehicle, motor boat, or aircraft or furnishes gasoline or other supplies therefor at the request or with the consent of

  18. Section 9-104 - Control of deposit account

    N.Y. U.C.C. Law § 9-104   Cited 43 times
    Excluding application of Article 9 “to a transfer in whole or in part of any claim arising out of tort.”

  19. Section 31343 - Recording and discharging notices of claim of maritime lien

    46 U.S.C. § 31343   Cited 38 times
    Providing for permissive recording of a maritime lien

  20. Section 9-310 - When Filing Required to Perfect Security Interest or Agricultural Lien; Security Interests and Agricultural Liens to Which Filing Provisions Do Not Apply

    N.Y. U.C.C. Law § 9-310   Cited 36 times

    (a) General rule: perfection by filing. Except as otherwise provided in subsection (b) and Section 9-312 (b), a financing statement must be filed to perfect all security interests and agricultural liens. (b) Exceptions: filing not necessary. Except as provided in subsection (d), the filing of a financing statement is not necessary to perfect a security interest: (1) that is perfected under Section 9-308 (d) (e) (f), or (g); (2) that is perfected under Section 9-309 when it attaches; (3) in property