IN RE PETITION OF GERMAIN

Docket No. 15-665. August Term, 2015.

824 F.3d 258 (2016)

IN RE PETITION OF Bruce GERMAIN. Bruce Germain, Petitioner-Appellant, v. Matthew F. Ficarra, Claimant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: June 1, 2016.


Attorney(s) appearing for the Case

JAMES E. MERCANTE , Rubin Fiorella & Friedman LLP, New York, NY, for Petitioner-Appellant.

JAN S. KUBLICK , McMahan, Kublick & Smith, PC, Syracuse, NY, for Claimant-Appellee.

Before: Katzmann, Chief Judge, Sack and Lohier, Circuit Judges.


In broad strokes, this case concerns a tort involving a vessel on navigable waters. More specifically, the case involves a diving accident off a recreational vessel anchored in shallow but navigable lake waters. Before the 1970s, it would have been beyond doubt that such facts would place this case squarely in the jurisdiction...

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