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BENSCH v. ESTATE OF UMAR

Docket No. 20-2268-cv August Term, 2020.

2 F.4th 70 (2021)

In the Matter of Christopher J. BENSCH, as Owner of the M/V "Loch Lomond", a 2002 46' Sunseeker Camargue 44, for Exoneration from or Limitation of Liability, Petitioner-Appellant, v. ESTATE OF Ahmed Abdulla UMAR, Ameera Umar, Claimants-Appellees, Waikiki Watercraft, LLC, Defendant.

United States Court of Appeals, Second Circuit.

Decided: June 23, 2021.

Attorney(s) appearing for the Case

James Edward Mercante , ( Joseph R. Federici, Jr. , on the brief), Rubin, Fiorella, Friedman & Mercante, LLP, New York, NY, for Petitioner-Appellant.

Robert J. Maranto, Jr. , Andrews, Bernstein, Maranto & Nicotra PLLC, Buffalo, NY, for Claimants-Appellees.

Before: Livingston, Chief Judge, Cabranes and Lynch, Circuit Judges.

This appeal requires us to decide whether maritime complaints seeking exoneration from or limitation of liability pursuant to the Limitation of Liability Act, 46 U.S.C. § 30511 et seq., must contain sufficient factual matter to satisfy the "plausibility" standard...

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