No. 18-565
CITGO Asphalt Refining Company, et al. v. Frescati Shipping Company, Ltd., et al.
Tags: circuit-split due-diligence guarantee guarantee-of-safety maritime-law safe-berth safe-berth-clause ship-safety voyage-charter
Key Terms:
JusticiabilityDoctri
JusticiabilityDoctri
Latest Conference:
2019-04-18
(distributed 2 times)
Question Presented (AI Summary)
Whether under federal maritime law a safe berth clause in a voyage charter contract is a guarantee of a ship's safety, as the Third Circuit below and the Second Circuit have held, or a duty of due diligence, as the Fifth Circuit has held
Question Presented (OCR Extract)
QUESTION PRESENTED Whether under federal maritime law a safe berth clause in a voyage charter contract is a guarantee of a ship’s safety, as the Third Circuit below and the Second Circuit have held, or a duty of due diligence, as the Fifth Circuit has held. @)
Docket Entries
2020-05-01
JUDGMENT ISSUED.
2020-03-30
Adjudged to be AFFIRMED. Sotomayor, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/19pdf/18-565_3d93.pdf'>opinion</a> of the Court, in which Roberts, C. J., and Ginsurg, Breyer, Kagan, Gorsuch, and Kavanaugh, JJ., joined. Thomas, J., filed a dissenting opinion, in which Alito, J., joined.
2019-11-05
Argued. For petitioners: Carter G. Phillips, Washington, D. C. For federal respondent: Erica L. Ross, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For private respondents: Thomas C. Goldstein, Bethesda, Md.
2019-10-15
Motion for divided argument filed by the Solicitor General GRANTED.
2019-10-09
Reply of petitioners CITGO Asphalt Refining Company, et al. filed. (Distributed)
2019-10-07
The record from the U.S.C.A. 3rd Circuit has been electronically filed.
2019-09-17
Motion for divided argument filed by the Solicitor General.
2019-09-17
Brief amicus curiae of Manfred W. Arnold filed. (Distributed)
2019-09-16
Brief amici curiae of BIMCO (Formerly The Baltic and International Maritime Council), et al. filed. (Distributed)
2019-09-16
Record requested from the U.S.C.A. 3rd Circuit.
2019-09-13
Brief amicus curiae of Sir Bernard Eder filed. (Distributed)
2019-09-10
Brief of Private Respondents filed. (Distributed)
2019-09-10
Brief of respondent United States filed. (Distributed)
2019-09-03
CIRCULATED
2019-08-05
Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
2019-07-16
Brief amicus curiae of Tricon Energy, Ltd. filed.
2019-07-16
Brief amici curiae of American Fuels & Petrochemical Manufacturers Association and International Liquid Terminals Association filed.
2019-07-16
Brief amicus curiae of North American Export Grain Association filed.
2019-07-09
Brief of petitioners CITGO Asphalt Refining Company, et al. filed.
2019-07-08
SET FOR ARGUMENT on Tuesday, November 5, 2019.
2019-07-03
Motion to further extend the time to file the joint appendix and granted and the time is extended to and including August 8, 2019.
2019-07-03
Motion for a further extension of time to file the joint appendix filed.
2019-06-19
Motion to dispense with printing the joint appendix filed by petitioners CITGO Asphalt Refining Company, et al.
2019-05-16
Motion of the parties to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including July 9, 2019. The time to file respondents' briefs on the merits is extended to and including September 10, 2019.
2019-05-09
Motion of the parties for an extension of time to file the briefs on the merits filed.
2019-04-26
Blanket Consent filed by Petitioners, CITGO Asphalt Refining Company, et al.
2019-04-22
Petition GRANTED.
2019-04-15
DISTRIBUTED for Conference of 4/18/2019.
2019-03-20
DISTRIBUTED for Conference of 4/12/2019.
2019-03-19
Reply of petitioners CITGO Asphalt Refining Company, et al. filed.
2019-03-04
Brief of respondents Frescati Shipping Company, Ltd., et al. in opposition filed.
2019-03-04
Brief of respondent United States in opposition filed.
2019-01-25
Motion to extend the time to file a response is granted and the time is further extended to and including March 4, 2019, for all respondents.
2019-01-24
Motion to extend the time to file a response from February 1, 2019 to March 4, 2019, submitted to The Clerk.
2018-12-19
Motion to extend the time to file a response is granted and the time is further extended to and including February 1, 2019, for all respondents.
2018-12-18
Motion to extend the time to file a response from January 2, 2019 to February 1, 2019, submitted to The Clerk.
2018-11-30
Brief amici curiae of Maritime Law Association of the United States et al. filed.
2018-11-30
Brief amici curiae of American Fuels & Petrochemical Manufacturers Association, et al. filed.
2018-11-21
Motion to extend the time to file a response is granted and the time is extended to and including January 2, 2019, for all respondents.
2018-11-20
Blanket Consent filed by Petitioners, CITGO Asphalt Refining Company, et al.
2018-11-20
Motion to extend the time to file a response from November 30, 2018 to December 31, 2018, submitted to The Clerk.
2018-10-26
Petition for a writ of certiorari filed. (Response due November 30, 2018)
2018-09-04
Application (18A113) granted by Justice Alito extending the time to file until October 27, 2018.
2018-08-31
Application (18A113) to extend further the time from September 27, 2018 to October 27, 2018, submitted to Justice Alito.
2018-07-31
Application (18A113) granted by Justice Alito extending the time to file until September 27, 2018.
2018-07-30
Application (18A113) to extend the time to file a petition for a writ of certiorari from August 28, 2018 to September 27, 2018, submitted to Justice Alito.
Attorneys
American Fuels & Petrochemical Manufacturers Association and International Liquid Terminals Association
Brendan Collins — GKG Law, P.C., Amicus
Brendan Collins — GKG Law, P.C., Amicus
BIMCO (FORMERLY THE BALTIC AND INTERNATIONAL MARITIME COUNCIL), THE INTERNATIONAL ASSOCIATION OF INDEPENDENT TANKER OWNERS (“INTERTANKO”), AND THE INTERNATIONAL ASSOCIATION OF DRY CARGO SHIPOWNERS (“INTERCARGO”)
CITGO Asphalt Refining Company, et al.
Carter G. Phillips — Sidley Austin LLP, Petitioner
Carter G. Phillips — Sidley Austin LLP, Petitioner
Frescati Shipping Company, Ltd., et al.
Sarah Elaine Harrington — Goldstein & Russell, P.C., Respondent
Sarah Elaine Harrington — Goldstein & Russell, P.C., Respondent
John Joseph Levy — Montgomery, McCracken, et al., Respondent
John Joseph Levy — Montgomery, McCracken, et al., Respondent
Thomas C. Goldstein — Goldstein & Russell, P.C., Respondent
Thomas C. Goldstein — Goldstein & Russell, P.C., Respondent
Maritime Law Association of the United States et al.
Michael F. Sturley — Amicus
Michael F. Sturley — Amicus
North American Export Grain Association
Sir Bernard Eder
James W. Bartlett III — Suite 2200, Amicus
James W. Bartlett III — Suite 2200, Amicus
Tricon Energy, Ltd.
United States
Noel J. Francisco — Solicitor General, Respondent
Noel J. Francisco — Solicitor General, Respondent