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IN RE AVENA

22-3132 & 22-3228.

92 F.4th 473 (2024)

IN RE Complaint of Adrian AVENA, as Owner, and AA Commercial, LLC, as Owner Pro Hac Vice, of the Fishing Vessel Conch'rd, for Exoneration from or Limitation of Liability. Kimberly Wolfe, as Personal Representative of the Estate of Aaron Greenberg, and on behalf of K.G., over whom Kimberly Wolfe is the Appointed Co-Guardian, and who is the Surviving Minor Child of the Decedent, Aaron Greenberg v. Daniel J. Avena; United States of America; CM Hammar AB; and Revere Survival, INC. Kimberly Wolfe, Appellant in No. 22-3132 Adrian Avena, and AA Commercial, Appellants in No. 22-3228.

United States Court of Appeals, Third Circuit.

Filed: February 6, 2024.

Attorney(s) appearing for the Case

Mary E. Reeves , Reeves McEwing LLP, 1004 S. Front Street, Philadelphia, PA 19147, Counsel for Plaintiff-Appellants in No. 22-3228.

Paul T. Hofmann , Hofmann & Schweitzer LLP, 1130 Route 202 South, Suite A7, Raritan, NJ 08869, Counsel for Third-Party Appellant in No. 22-3132.

Matthew R. Hyde , United States Department of Justice, Civil Division, Torts Branch Aviation, Space & Admiralty Litigation, 175 N. Street NE, Suite 8.103, Washington, DC 20002, Bradley J. Preamble , United States Department of Justice Torts Branch, Civil Division, P.O. Box 14271, Washington, DC 20044, Counsel for the United States of America.

Jamele A. Hamad , Marshall Dennehey Warner Coleman & Goggin, Casualty Department, 21st Floor, 88 Pine Street, Wall Street Plaza, 21st Floor, New York, NY 10005, Counsel for Third-Party Appellee.

Michael L. Testa , Testa Heck Testa & White, 424 W Landis Avenue, Vineland, NJ 08360, Counsel for Third-Party Appellee.

Before: BIBAS, PORTER, and FREEMAN Circuit Judges.

OPINION OF THE COURT

Adrian Avena and Aaron Greenberg were fishing off the coast of New Jersey when their boat partially capsized. Tragically, Greenberg drowned before the U.S. Coast Guard or others arrived to their rescue. Greenberg's estate (Estate), Avena, and AA Commercial, LLC, assert maritime tort claims against...

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