Louisiana ex rel. Guste v. M/V Testbank
Court of Appeals for the Fifth Circuit
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
- Cort v. AshSupreme Court of the United States · 1975
- MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
- California v. Sierra ClubSupreme Court of the United States · 1981
- Glanzer v. . ShepardNew York Court of Appeals · 1922
- Kossick v. United Fruit Co.Supreme Court of the United States · 1961
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3Cited by87 opinions
- East River Steamship Corp. v. Transamerica Delaval Inc.Supreme Court of the United States · 1986
- People Express Airlines, Inc. v. Consolidated Rail Corp.Supreme Court of New Jersey · 1985
- Consolidated Aluminum Corp. v. C.F. Bean Corp.Court of Appeals for the Fifth Circuit · 1988
- Coastal Conduit & Ditching, Inc. v. Noram Energy Corp., Texas Court of Appeals, 14th District (Houston)2000
- 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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