§Why CasetextPricing

Osaki v. Neal et al

MOTION for Summary Judgment Plaintiffs' Motion for Partial Summary Judgment on Pre-Accident Release of Liability Howard G. McPherson appearing for Plaintiffs Sara Spreen, Mary M Strickert

23 Cited authorities

  1. East River S. S. Corp. v. Transamerica Delaval

    476 U.S. 858 (1986)   Cited 1,283 times   11 Legal Analyses
    Holding that no products-liability claim lies in admiralty when the only injury claimed is economic loss

  2. Yamaha Motor Corp., U.S.A. v. Calhoun

    516 U.S. 199 (1996)   Cited 540 times   5 Legal Analyses
    Holding "the appellate court may address any issue fairly included within the certified order"

  3. Sea-Land Services, Inc. v. Gaudet

    414 U.S. 573 (1974)   Cited 529 times
    Holding that awards under the general federal maritime cause of action for wrongful death could include compensation for loss of society

  4. Wallis v. Princess Cruises, Inc.

    306 F.3d 827 (9th Cir. 2002)   Cited 115 times
    Holding that a limitation on liability had not been reasonably communicated to the passengers by way of a blanket reference to the applicability of the Athens Convention as opposed to a more precise statement of the applicable monetary limit

  5. Ghotra v. Bandila Shipping, Inc.

    113 F.3d 1050 (9th Cir. 1997)   Cited 81 times
    Holding that section 905(b) preempted a longshoremen's remedies under California's wrongful death statute

  6. Hodes v. S.N.C. Achille Lauro ed Altri-Gestione

    858 F.2d 905 (3d Cir. 1988)   Cited 67 times
    Holding that where individual purchases passenger ticket through agent who obtains and safeguards ticket until immediately prior to boarding, and where individual does not allege that agent would have refused a request to view the ticket had one been made, individual is charged with notice of ticket provisions

  7. In re Wechsler

    121 F. Supp. 2d 404 (D. Del. 2000)   Cited 36 times
    Holding that, when a party asks for preservation of the material, even a prior opportunity to inspect will not discharge duty to preserve evidence

  8. JIG THE THIRD CORP. v. PURITAN MAR. INS UNDER

    519 F.2d 171 (5th Cir. 1975)   Cited 78 times
    Holding that unless a warranty expressly disclaims liability for negligence, the plaintiff may recover his damages for negligent design and manufacture even though the only physical damage is to the product itself

  9. Edward Leasing Corp. v. Uhlig Associates

    785 F.2d 877 (11th Cir. 1986)   Cited 55 times
    Recognizing that courts will enforce red letter clauses if "the contractual language at issue is clear and unequivocal and clearly indicates the intentions of the parties"

  10. In re Fitzgerald Marine Repair, Inc.

    619 F.3d 851 (8th Cir. 2010)   Cited 19 times
    Stating that "maritime law provides that construction of a maritime contract should not "lead to ... absurd consequences" (quoting Chembulk Trading , 393 F.3d at 555 n.6 )

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,261 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 607-14 - Attorneys' fees in actions in the nature of assumpsit, etc

    Haw. Rev. Stat. § 607-14   Cited 298 times
    Stating that the attorneys' fees awarded shall be "a fee that the court determines to be reasonable"

  13. Section 663-1.54 - Recreational activity liability

    Haw. Rev. Stat. § 663-1.54   Cited 11 times
    Defining liability in subsection for “negligent acts or omissions of the person which cause injury, ” and qualifying that liability-i.e., no duty or breach-with a waiver exception in subsection (b)