Legal Opinion
BP North American Petroleum v. SOLAR ST
Court of Appeals for the Fifth Circuit
Decided May 14, 2001No. 00-30494PublishedCited by 6 opinions
1Opinion of the Court
E. GRADY JOLLY, Circuit Judge:
Defendant AHL Shipping Company (“AHL”) contaminated a portion of the oil cargo it transported for plaintiff BP North American Petroleum (“BP”) while discharging the fuel from its vessel, the S/T SOLAR. Following a bench trial, a damage award was ordered in favor of BP. BP appeals the amount of the award. It argues that, in ordering a modified “expected profit” award, the district court employed an improper formula in calculating damages. We agree and hold that the traditional measure of damages in damaged goods cases — the “market value” measure — should have…
2Cases cited9 opinions
- Merrill Lynch, Pierce, Fenner & Smith, Inc. v. CurranSupreme Court of the United States · 1982
- Allenberg Cotton Co. v. PittmanSupreme Court of the United States · 1974
- Illinois Central Railroad v. CrailSupreme Court of the United States · 1930
- A. L. Holden, Doing Business Under the Name and Style of R. L. Pritchard & Company v. S. S. Kendall Fish, Her Engines, Etc.Court of Appeals for the Fifth Circuit · 1968
- Volkart Brothers, Inc. v. FreemanCourt of Appeals for the Fifth Circuit · 1962
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3Cited by6 opinions
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- Celta Agencies, Inc. v. Denizciliksanayi Ve Ticaaret, A.S.District Court, D. Puerto Rico · 2005
- Tradearbed Inc. v. Western Bulk Carriers K/SCourt of Appeals for the Fifth Circuit · 2010
- TradeArbed Inc v. Medi Trader MVCourt of Appeals for the Fifth Circuit · 2010
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