No. 23-1335

Harley Marine Financing, LLC v. Tug Construction, LLC

Lower Court: Ninth Circuit
Docketed: 2024-06-24
Status: Denied
Type: Paid
Response Waived
Tags: appellate-review bareboat-charter clearly-erroneous contract-breach evidentiary-support findings-of-fact maritime-law trial-record vessel-condition
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Whether the Ninth Circuit violated the fundamental principle of appellate review that a finding of fact is clearly erroneous if there is no evidentiary support for it in the trial record

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the Ninth Circuit violated the fundamental principle of appellate review that a finding of fact is clearly erroneous if there is no evidentiary support for it in the trial record by affirming the trial court’s finding that Harley Marine Financing, LLC breached the subject bareboat charter agreements by failing to return the chartered vessels in the same condition as they were upon delivery, less ordinary wear and tear, even though there was no evidence establishing the conditions of the Vessels upon their delivery?

Docket Entries

2024-10-07
Petition DENIED.
2024-07-02
DISTRIBUTED for Conference of 9/30/2024.
2024-06-25
Waiver of Tug Construction, LLC of right to respond submitted.
2024-06-25
Waiver of right of respondent Tug Construction, LLC to respond filed.
2024-06-20
Petition for a writ of certiorari filed. (Response due July 24, 2024)

Attorneys

Harley Marine Financing, LLC
Kevin Harry MarinoRobinson, St. John & Wayne, Petitioner
Kevin Harry MarinoMarino, Tortorella & Boyle, P.C., Petitioner
Tug Construction, LLC
Brian William EslerMiller Nash LLP, Respondent
Brian William EslerMiller Nash LLP, Respondent