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Barge Breakaway Matter, and Civil Procedure Case

By FindLaw Staff on August 26, 2010 3:12 PM

Combo Maritime, Inc. v. U.S. United Bulk Terminal, LLC, No. 09-30592, involved an action for contribution and indemnity, and property damage, based on a barge breakaway.  The court reversed summary judgment for defendant on the ground that there were insufficient findings in the record to determine whether the passing vessel presumption should have been applied against third-party defendant.

Jackson v. Tanfoglio Giuseppe S.R.L., No. 09-30870, concerned a case arising from an individual's death after he was injured by the unexpected discharge of a pistol.  The court affirmed the district court's order granting an Italian company's Rule 60(b)(4) motion to vacate a default judgment against it for lack of personal jurisdiction, holding that 1) plaintiffs relied only on surmise and conjecture to conclude that because defendant possessed the bores at issue it must actually have been making the barrels for .25 caliber pistols; and 2) related entities' contacts with Louisiana could not be imputed to defendant.

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