(Download) "Universal American Barge Corp. v. J-Chem Inc." by United States Court of Appeals for the Fifth Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Universal American Barge Corp. v. J-Chem Inc.
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 12, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
Description
Barge-owner Universal American Barge Corporation ("Universal") sued corporate relatives J-Chem, Inc., Fumigators, Inc., and Degesch America, Inc., (collectively "the fumigators") for indemnification of damages allegedly caused by the fumigators negligence or breach of warranty in fumigating cargo under contract with Universal. The district court relied on the final award entered in prior arbitration between Universal and the injured cargo interests to collaterally estop litigation of the fumigators liability and damages. The district court rejected the fumigators contention that arguments made by Universals counsel in the arbitration, which arguments would be prejudicial to Universals indemnification claim, were conclusively binding judicial admissions. We agree that Universals position in the arbitration with the cargo owner did not bar its claim against the fumigators, but we reverse the judgment in favor of Universal.
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