Legal Opinion

Louisiana ex rel. Guste v. M/V Testbank

Court of Appeals for the Fifth Circuit

Decided February 11, 1985No. 82-3059PublishedCited by 87 opinions

1Opinion of the Court

PATRICK E. HIGGINBOTHAM, Circuit Judge:

We are asked to abandon physical damage to a proprietary interest as a prerequisite to recovery for economic loss in cases of unintentional maritime tort. We decline the invitation.1

I

In the early evening of July 22, 1980, the M/V SEA DANIEL, an inbound bulk carrier, and the M/V TESTBANK, an outbound container ship, collided at approximately mile forty-one of the Mississippi River Gulf outlet. At impact, a white haze enveloped the ships until carried away by prevailing winds, and containers aboard TESTBANK were damaged and lost overboard. The white haze…

2Cases cited35 opinions

  1. Cort v. AshSupreme Court of the United States · 1975
  2. MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
  3. California v. Sierra ClubSupreme Court of the United States · 1981
  4. Glanzer v. . ShepardNew York Court of Appeals · 1922
  5. Kossick v. United Fruit Co.Supreme Court of the United States · 1961

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3Cited by87 opinions

  1. East River Steamship Corp. v. Transamerica Delaval Inc.Supreme Court of the United States · 1986
  2. People Express Airlines, Inc. v. Consolidated Rail Corp.Supreme Court of New Jersey · 1985
  3. Consolidated Aluminum Corp. v. C.F. Bean Corp.Court of Appeals for the Fifth Circuit · 1988
  4. Coastal Conduit & Ditching, Inc. v. Noram Energy Corp., Texas Court of Appeals, 14th District (Houston)2000
  5. S. Cal. Gas Co. v. Superior Court of L. A. Cnty.(In Re S. Cal. Gas Leak Cases)California Supreme Court · 2019

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