Legal Opinion
Taira Lynn Marine Limited Number 5, LLC v. Jays Seafood, Inc.
Court of Appeals for the Fifth Circuit
Decided March 23, 2006No. 04-31069PublishedCited by 4 opinions
1Opinion of the Court
CARL E. STEWART, Circuit Judge:
The primary issue on appeal is whether claimants who suffered no physical damage to a proprietary interest can recover for their economic losses as a result of a maritime allision. Fourteen businesses and business owners brought claims under the general maritime law, the Oil Pollution Act of 1990(OPA), 33 U.S.C. §§ 2701-2761 (2000), the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. §§ 9601-9675 (2000), and state law. The appellants filed motions for partial summary judgment to dismiss these claims, which the district…
2Cases cited16 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Robins Dry Dock & Repair Co. v. FlintSupreme Court of the United States · 1927
- Amoco Oil Company v. Borden, Inc.Court of Appeals for the Fifth Circuit · 1990
- Union Oil Company v. James J. Oppen and John J. MastersonCourt of Appeals for the Ninth Circuit · 1974
- American Home Assurance Co. v. United Space Alliance, LLCCourt of Appeals for the Fifth Circuit · 2004
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3Cited by4 opinions
- In Re: In the Matter of the Complaint of Taira Lynn Marine Limited Number 5, Llc, as Owner of the M/v Mr. Barry for Exoneration From or Limitation of Liability. Taira Lynn Marine Limited Number 5, LLC v. Jays Seafood, Inc., E.J. Mason, Individually and Doing Business as Mason Seafood, Defendant-Claimant-Third Party Coastline Marine, Inc. Marine Turbine Technologies, LLC Mtt Properties, LLC Mtt Manufacturing, LLC Morton International, Inc. Cvd, Inc., Doing Business as Rohm & Haas Advanced Materials Twin Brothers Marine Coy Reeks, Individually and Doing Business as Riverfront Seawalks and Bulkheads Twin Brothers Marine Corp. Bagala's Quality Oysters, Inc. Douglas Olander, Individually and Doing Business as Big D'S SeafoodCourt of Appeals for the Third Circuit · 2006
- Nautical Assist, Inc. v. Beverly Allan as Executrix for the Estate of Michael J. Allan, Patchogue Shores Marina, Inc., Rick Marino, Juan C. Rodriguez, Udo Schneider, David Tomo, Charles Vanek, Erick Vanek, and Elizabeth GiuntaDistrict Court, E.D. New York · 2026
- Nguyen v. American Commercial Lines, Inc.District Court, E.D. Louisiana · 2021
- XL Insurance America v. Turn ServicesCourt of Appeals for the Fifth Circuit · 2022