No. 24-257

Harley Marine Services, Incorporated v. Conrad Shipyard, L.L.C., et al.

Lower Court: Fifth Circuit
Docketed: 2024-09-06
Status: Denied
Type: Paid
Response Waived
Tags: agency-authority appellate-review clearly-erroneous contract-interpretation corporate-liability fifth-circuit-ruling
Key Terms:
Privacy
Latest Conference: 2024-11-01
Question Presented (AI Summary)

Whether the Fifth Circuit violated the fundamental principle of appellate review by affirming a trial court's ruling without evidentiary support for agency authority to bind a corporate entity

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the Fifth 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 record by affirming the trial court’s reimbursement and indemnification rulings even though there was no evidence that Franco Marine 1, L.L.C., Franco Marine 2, L.L.C. and Harley Franco had actual agency authority to bind Harley Marine Services, Inc. to the obligations in the subject vessel construction contracts with Conrad Shipyard, L.L.C.?

Docket Entries

2024-11-04
Petition DENIED.
2024-10-09
DISTRIBUTED for Conference of 11/1/2024.
2024-10-01
Waiver of right of respondent Conrad Shipyard, L.L.C to respond filed.
2024-10-01
Waiver of right of respondents Franco Marine 1, LLC, Franco Marine 2, LLC, Harley Franco to respond filed.
2024-09-03
Petition for a writ of certiorari filed. (Response due October 7, 2024)

Attorneys

Conrad Shipyard, L.L.C
Lawrence R. DeMarcay IIIMiller, Sullivan and DeMarcay, LLC, Respondent
Franco Marine 1, LLC, Franco Marine 2, LLC, Harley Franco
Gregory J. HollonMcNaul Ebel Nawrot & Helgren PPLC, Respondent
Harley Marine Services, Incorporated
Kevin Harry MarinoMarino, Tortorella & Boyle, P.C., Petitioner