GREAT AMERICAN INSURANCE CO.
v.
COMPANHIA DE NAVEGACAO LLOYD BRASILEIRO; AND COMPANHIA DE NAVEGACAO LLOYD BRASILEIRO V. GREAT AMERICAN INSURANCE CO. ET AL.

U.S. | 1940-12-23
Nos. 581; No. 585
311 U.S. 715 Supreme Court of the United States (1940) Positive Treatment
Cited by 2 cases

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  • Alcoa S.S. Co., Inc. v. M/V Nordic Regent, 654 F.2d 147 (2d Cir. 1978)
    …ance those factors. Restatement (Second) of Conflict of Laws § 84, Comment b (1971). Even before Gilbert, the existence of this discretion, particularly in admiralty law, was well established. E. g., The Mandu, 114 F. 2d 361 (2 Cir.), cert. denied, 311 U.S. 715 (1940); Comment, Admiralty Suits Involving Foreigners, 31 Tex.L.Rev. 889, 889 n.5 (1953). And, as indicated above, it is a doctrine of continuing current force which we have reaffirmed repeatedly. Farmanfarmaian v. Gulf Oil Corp., supra; Schertenlei…
  • …. How damages in a both-to-blame collision in foreign territorial waters should be apportioned is governed by the lex loci, here Trinidad, The Mandu, 114 F. 2d 361, 2 Cir., certiorari denied, Great American Ins. Co. v. Companhia de Nav. etc., 1940, 311 U.S. 715, 61 S.Ct. 397, 85 L.Ed. 466; Griffin on Collision, § 26(2). We cannot agree that the proof that Trinidad law embodied the proportionate fault rule, which was made at the hearing on June 30, 1959, was insufficient — if this was what the judge held, a…

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