[Download] "Cooper v. Loper" by United States Court of Appeals for the Third Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Cooper v. Loper
- Author : United States Court of Appeals for the Third Circuit
- Release Date : January 17, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Plaintiff Thomas Cooper was injured while off-loading a ship; after bringing this action, he received compensation in exchange for settling his claim against the shipowners. These cross-appeals arise from the efforts of the shipowners, third-party plaintiffs, Irving W. Loper and Michael Loper ("shipowners"), to secure indemnification or contribution from the dockowner, third-party defendant, Axelsson & Johnson, Inc. ("dockowner"). Both parties appeal from the district courts entry of final judgment after a bench trial of the third-party claims. The shipowners argue that the district court erred in awarding only 80% of the amounts paid by them in settlement and in refusing to award attorneys fees. The dockowner argues that the district court lacked subject matter jurisdiction, that the case should have been tried to a jury, and that the district courts findings of fact are clearly erroneous. We hold that the district court had jurisdiction, that it could hear this case as a bench trial, and that its findings of fact are not clearly erroneous. We further hold, however, that full indemnity and attorneys fees should have been awarded. Therefore, we will remand this case for entry of a judgment in accordance with this decision.