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Bloomer v. Liberty Mut. Ins. Co., 445 U.S. 74 (1980)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Bloomer v. Liberty Mut. Ins. Co., 445 U.S. 74 (1980)
Bloomer v. Liberty Mutual Insurance Co. No. 78-1418 Argued December 4, 1979 Decided March 3, 1980 445 U.S. 74
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
Syllabus
Held: A stevedore’s lien for the amount of its compensation payment to an injured longshoreman under the Longshoremen’s and Harbor Workers’ Compensation Act against the longshoreman’s recovery in a negligence action against the shipowner may not be reduced by an amount representing the stevedore’s proportionate share of the longshoreman’s legal expenses in obtaining recovery from the shipowner. The language, structure, and history of the Act support this conclusion, rather than the application of the equitable "common fund" doctrine that, when a third person benefits from litigation instituted by another, that person may be required to bear a portion of the expenses of suit. Pp. 77-88.
586 F.2d 908, affirmed.
MARSHALL, J., delivered the opinion of the Court, in which BURGER, C.J., and BRENNAN, STEWART, WHITE, POWELL, REHNQUIST, and STEVENS, JJ., joined. BLACKMUN, J., filed a dissenting opinion, post, p. 88.
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Chicago: U.S. Supreme Court, "Syllabus," Bloomer v. Liberty Mut. Ins. Co., 445 U.S. 74 (1980) in 445 U.S. 74 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=6H3HC649WMBWBLA.
MLA: U.S. Supreme Court. "Syllabus." Bloomer v. Liberty Mut. Ins. Co., 445 U.S. 74 (1980), in 445 U.S. 74, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=6H3HC649WMBWBLA.
Harvard: U.S. Supreme Court, 'Syllabus' in Bloomer v. Liberty Mut. Ins. Co., 445 U.S. 74 (1980). cited in 1980, 445 U.S. 74. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=6H3HC649WMBWBLA.
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