Legal Opinion

Molett v. Penrod Drilling Co.

Court of Appeals for the Fifth Circuit

Decided May 19, 1989No. 88-4136PublishedCited by 32 opinions

1Per curiam

This is an appeal from the remand of this case after our opinion in Molett v. Penrod Drilling Co., 826 F.2d 1419 (5th Cir.1987) (Molett I). At issue for the first time in the litigation is the jurisdiction of the federal courts to adjudicate a claim for indemnity between a defendant and third-party defendant. We conclude that we lack admiralty jurisdiction over the claim in question, but we remand to the district court to allow the third-party plaintiff to amend its complaint to attempt to cure a defect in the allegations of diversity jurisdiction.

BACKGROUND

On January 27, 1983, John Molett,…

2Cases cited27 opinions

  1. Owen Equipment & Erection Co. v. KrogerSupreme Court of the United States · 1978
  2. Executive Jet Aviation, Inc. v. City of ClevelandSupreme Court of the United States · 1972
  3. Scindia Steam Navigation Co. v. De Los SantosSupreme Court of the United States · 1981
  4. Foremost Insurance v. RichardsonSupreme Court of the United States · 1982
  5. Hensgens v. Deere & Co.Court of Appeals for the Fifth Circuit · 1987

22 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. MidCap Media Finance, L.L.C. v. Pathway Data, IncoCourt of Appeals for the Fifth Circuit · 2019
  2. Natalia Flores v. Cameron County, Texas, Cameron County, Texas, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1996
  3. Miles v. MelroseCourt of Appeals for the Fifth Circuit · 1989
  4. Jebaco, Inc. v. Harrah's Operating Co., Inc.Court of Appeals for the Fifth Circuit · 2009
  5. Silver Star Enterprises, Inc. v. M/v Saramacca, Her Engines, Tackle, Apparel, Etc., in RemCourt of Appeals for the Fifth Circuit · 1994

27 more not listed; retrieve them via the Exa API.

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