Advertising Disclosure Email Disclosure

A district court’s denial of a ship owner’s exoneration from or limitation of liability petition is subject to appellate jurisdiction pursuant to 28 U.S.C. § 1292(a)(3).

October 3, 2016
In re: Aramark Sports and Entertainment Services, LLC, Civil No. 14-4118 (10th Cir. August 1, 2016)

The United States Court of Appeals for the Tenth Circuit addressed the distinction between appellate jurisdiction pursuant to 28 U.S.C. § 1291 and appellate jurisdiction pursuant to 28 U.S.C. § 1292(a)(3). While the former section limits appellate jurisdiction to “final decisions” of the district courts, the latter section permits certain interlocutory appeals in admiralty cases. 28 U.S.C. § 1292(a)(3) specifically states that “courts of appeals shall have jurisdiction of appeals from … [i]nterlocutory decrees of … district courts or the judges thereof determining the rights and liabilities of the parties to admiralty cases in which appeals from final decrees are allowed.” The Tenth Circuit explained that, “While not every district-court ruling on a potentially dispositive issue in an admiralty suit is appealable under § 1292(a)(3),” rulings that involve a party’s substantive rights or liabilities are immediately appealable. At issue in this appeal was whether the district court properly denied Aramark’s Limitation of Liability Act petition. Before addressing the merits of the appeal, the Tenth Circuit determined that, because there had been a determination of liability, “Aramark was not exonerated and would have to pay some damages,” it had appellate jurisdiction pursuant to § 1292(a)(3) even though other issues, such as the amount of damages, had not yet been decided.


Case Law Alerts, 4th Quarter, October 2016. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2016 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.

Affiliated Attorney

(856) 675-3606

Practice Areas

Before you send this email please note:

You are attempting to send email, through a link on our website, to an attorney of Marshall Dennehey Warner Coleman & Goggin or an employee in our firm. Please note that your email may not be treated as confidential and does not create an attorney-client relationship. You should not rely upon the transmission of an email through this website if you are seeking to enter into such a relationship. Until such time as we have agreed to represent you, no information in your email will be treated as confidential. Please contact us directly by telephone at 1.800.220.3308 if it is your intent to seek legal counsel with our firm or convey confidential information.

If it is still your intent to send this email, knowing that it may not be treated as confidential, you may accept our terms of agreement by pressing "OK". If you choose not to accept these terms of agreement you may navigate away from this page by pressing "Cancel."