Legal Opinion
Occidental Chemical Corp. v. Elliott Turbomachinery Co.
Court of Appeals for the Fifth Circuit
Decided June 3, 1996No. 95-30662PublishedCited by 32 opinions
1Opinion of the Court
STEWART, Circuit Judge:
This interlocutory appeal raises issues of first impression involving Louisiana contract law. Elliott Turbomachinery Company appeals the district court’s decision denying its second motion for summary judgment regarding the plaintiffs’ claim for gross fault. 1 The district court held that the warranty provision in Elliott’s commercial contract, which limits the duration of its liability for gross fault to only one year, is violative of Louisiana public policy and therefore invalid. After reviewing and analyzing applicable Louisiana law, we are convinced that the…
2Cases cited16 opinions
- Transcontinental Gas Pipe Line Corporation v. Transportation Insurance CompanyCourt of Appeals for the Fifth Circuit · 1992
- Beryl Eugene v. Alief Independent School District, Paula Conley and R.F. Griffin, Individually and in Their Official CapacitiesCourt of Appeals for the Fifth Circuit · 1995
- Orthopedic & Sports Injury Clinic v. Wang Laboratories, Inc.Court of Appeals for the Fifth Circuit · 1991
- Gulf States Utilities Company v. Ecodyne CorporationCourt of Appeals for the Fifth Circuit · 1981
- Graham v. Milky Way Barge, Inc.Court of Appeals for the Fifth Circuit · 1987
11 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Ironshore Europe DAC v. Schiff Hardin, L.L.P.Court of Appeals for the Fifth Circuit · 2019
- Jodie Kelly v. Paul RembachCourt of Appeals for the Fifth Circuit · 2017
- Samuel Troice v. Proskauer Rose, L.L.P., etCourt of Appeals for the Fifth Circuit · 2016
- BancPass, Inc. v. Highway Toll Administration, L.L.C.Court of Appeals for the Fifth Circuit · 2017
- Commerce & Industry Insurance v. Grinnell Corp.Court of Appeals for the Fifth Circuit · 2002
27 more not listed; retrieve them via the Exa API.