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

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Docket No. Op. Below Argument Opinion Vote Author Term
18-565 3d Cir. Nov 5, 2019 Mar 30, 2020 7-2 Sotomayor OT 2019

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel to the respondents in this case.

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

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