CITGO Asphalt Refining Company v. Frescati Shipping Company
Petition for certiorari denied on February 24, 2014
Issue: (1) Whether a safe berth provision in a voyage charter contract is a guarantee of the safety of the berth, rather than a duty of due diligence, and whether such a contractual provision runs to the benefit of a third-party vessel owner when there is no evidence of the contracting parties" intent to benefit the vessel owner; and (2) whether a wharf owner"s tort duty to provide a safe approach extends to routes selected exclusively by a vessel"s navigators in federally maintained waters over which the wharf owner does not exercise dominion or control.
| Date | Proceedings and Orders |
|---|---|
| 10/10/2013 | Petition for a writ of certiorari filed. (Response due November 14, 2013) |
| 10/16/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner CITCO. |
| 11/05/2013 | Order extending time to file response to petition to and including December 16, 2013, for all respondents. |
| 11/08/2013 | Brief amici curiae of South Jersey Port Corporation, et al. filed. |
| 11/08/2013 | Brief amicus curiae of Plains Products Terminals LLC filed. |
| 12/10/2013 | Order further extending time to file response to petition to and including January 15, 2014, for all respondents. |
| 01/15/2014 | Brief of respondent United States in opposition filed. |
| 01/15/2014 | Brief of respondents Frescati Shipping Company, Ltd., et al. in opposition filed. |
| 01/17/2014 | Additional authorities received from counsel for respondents Frescati Shipping Company, Ltd., et al.. |
| 01/28/2014 | Reply of petitioners CITGO Asphalt Refining Company, et al. filed. (Distributed) |
| 01/29/2014 | DISTRIBUTED for Conference of February 21, 2014. |
| 02/24/2014 | Petition DENIED. |