CITGO Asphalt Refining Co. v. Frescati Shipping Co., Ltd.

Docket No.	Argument	Opinion	Vote	Author	Term
18-565	Nov 5, 2019	Mar 30, 2020	7-2	Sotomayor	OT 2019

Holding: The plain language of the safe-berth clause in the parties" subcharter agreement"requiring the petitioners to designate a safe berth for a vessel to load and discharge cargo"establishes a warranty of safety.

Judgment: Affirmed, 7-2, in an opinion by Justice Sotomayor on March 30, 2020. Justice Thomas filed a dissenting opinion, in which Justice Alito joined.

SCOTUSblog Coverage

Opinion analysis: Court finds particular maritime safe berth clause constitutes charterers warranty of safety (Joel Goldstein, March 31, 2020)
Live blog of orders and opinions (Update: Completed) (Kalvis Golde, March 30, 2020)
Argument analysis: Justices consider maritime circuit split regarding voyage charter safe-berth clause (Joel Goldstein, November 6, 2019)
Argument preview: Justices consider impact of safe-berth clause in maritime charter (Joel Goldstein, October 29, 2019)
Court to take up LGBT rights in the workplace (Updated) (Amy Howe, April 22, 2019)

Date	Proceedings and Orders (key to color coding)
07/30/2018	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.
07/31/2018	Application (18A113) granted by Justice Alito extending the time to file until September 27, 2018.
08/31/2018	Application (18A113) to extend further the time from September 27, 2018 to October 27, 2018, submitted to Justice Alito.
09/04/2018	Application (18A113) granted by Justice Alito extending the time to file until October 27, 2018.
10/26/2018	Petition for a writ of certiorari filed. (Response due November 30, 2018)
11/20/2018	Motion to extend the time to file a response from November 30, 2018 to December 31, 2018, submitted to The Clerk.
11/20/2018	Blanket Consent filed by Petitioners, CITGO Asphalt Refining Company, et al.
11/21/2018	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.
11/30/2018	Brief amici curiae of American Fuels & Petrochemical Manufacturers Association, et al. filed.
11/30/2018	Brief amici curiae of Maritime Law Association of the United States et al. filed.
12/18/2018	Motion to extend the time to file a response from January 2, 2019 to February 1, 2019, submitted to The Clerk.
12/19/2018	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.
01/24/2019	Motion to extend the time to file a response from February 1, 2019 to March 4, 2019, submitted to The Clerk.
01/25/2019	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.
03/04/2019	Brief of respondent United States in opposition filed.
03/04/2019	Brief of respondents Frescati Shipping Company, Ltd., et al. in opposition filed.
03/19/2019	Reply of petitioners CITGO Asphalt Refining Company, et al. filed.
03/20/2019	DISTRIBUTED for Conference of 4/12/2019.
04/15/2019	DISTRIBUTED for Conference of 4/18/2019.
04/22/2019	Petition GRANTED.
04/26/2019	Blanket Consent filed by Petitioners, CITGO Asphalt Refining Company, et al.
05/09/2019	Motion of the parties for an extension of time to file the briefs on the merits filed.
05/16/2019	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.
06/19/2019	Motion to dispense with printing the joint appendix filed by petitioners CITGO Asphalt Refining Company, et al.
07/03/2019	Motion for a further extension of time to file the joint appendix filed.
07/03/2019	Motion to further extend the time to file the joint appendix and granted and the time is extended to and including August 8, 2019.
07/08/2019	SET FOR ARGUMENT on Tuesday, November 5, 2019.
07/09/2019	Brief of petitioners CITGO Asphalt Refining Company, et al. filed.
07/16/2019	Brief amicus curiae of North American Export Grain Association filed.
07/16/2019	Brief amici curiae of American Fuels & Petrochemical Manufacturers Association and International Liquid Terminals Association filed.
07/16/2019	Brief amicus curiae of Tricon Energy, Ltd. filed.
08/05/2019	Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
09/03/2019	CIRCULATED
09/10/2019	Brief of respondent United States filed. (Distributed)
09/10/2019	Brief of Private Respondents filed. (Distributed)
09/13/2019	Brief amicus curiae of Sir Bernard Eder filed. (Distributed)
09/16/2019	Record requested from the U.S.C.A. 3rd Circuit.
09/16/2019	Brief amici curiae of BIMCO (Formerly The Baltic and International Maritime Council), et al. filed. (Distributed)
09/17/2019	Amicus brief of Manfred W. Arnold not accepted for filing. (September 17, 2019 -- Duplicate submission)
09/17/2019	Brief amicus curiae of Manfred W. Arnold filed. (Distributed)
09/17/2019	Motion for divided argument filed by the Solicitor General.
10/07/2019	The record from the U.S.C.A. 3rd Circuit has been electronically filed.
10/09/2019	Reply of petitioners CITGO Asphalt Refining Company, et al. filed. (Distributed)
10/15/2019	Motion for divided argument filed by the Solicitor General GRANTED.
11/05/2019	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.
03/30/2020	Adjudged to be AFFIRMED. Sotomayor, J., delivered the opinion 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.
05/01/2020	JUDGMENT ISSUED.