Fifth Circuit Overturns Precedent Deeming Maritime Statute’s Time Bar Jurisdictional

December 2021 | Category: News

The 1851 Limitation of Liability Act allows qualifying vessel owners to limit their liability after maritime accidents. However, this statute imposes a time limit on vessel owners. Previously, the Fifth Circuit had held that this time bar was a jurisdictional rule, but earlier this month held that a U.S. Supreme Court case implicitly overruled an earlier case and the Limitation of Liability Act’s time bar is nonjurisdictional.

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David Buishas and Elisabeth Ross Offer Insights on Recent Ninth Circuit Arguments in COVID-19 Business Interruption Cases in Law360

August 2021 | Category: Articles and Presentations, News

In a recent Law360 industry analysis, BatesCarey’s David J. Buishas and Elisabeth C. Ross address arguments made earlier today in the Ninth Circuit from policyholders and insurers in three suits over whether business interruption coverage extends to pandemic-related losses, foreshadowing the many cases pending before federal appellate and trial courts.

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