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 (key to color coding) |
|---|
| Oct 10 2013 | Petition for a writ of certiorari filed. (Response due November 14, 2013) |
| Oct 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. |
| Nov 5 2013 | Order extending time to file response to petition to and including December 16, 2013, for all respondents. |
| Nov 8 2013 | Brief amici curiae of South Jersey Port Corporation, et al. filed. |
| Nov 8 2013 | Brief amicus curiae of Plains Products Terminals LLC filed. |
| Dec 10 2013 | Order further extending time to file response to petition to and including January 15, 2014, for all respondents. |
| Jan 15 2014 | Brief of respondent United States in opposition filed. |
| Jan 15 2014 | Brief of respondents Frescati Shipping Company, Ltd., et al. in opposition filed. |
| Jan 17 2014 | Additional authorities received from counsel for respondents Frescati Shipping Company, Ltd., et al.. |
| Jan 28 2014 | Reply of petitioners CITGO Asphalt Refining Company, et al. filed. (Distributed) |
| Jan 29 2014 | DISTRIBUTED for Conference of February 21, 2014. |
| Feb 24 2014 | Petition DENIED. |
