Legal Opinion · Concurrence

Hardy v. Gulf Oil Corp.

Court of Appeals for the Fifth Circuit

Decided January 7, 1992No. 90-2061Published

1ConcurrenceJohn R. Brown, Circuit Judge

I concur in the scholarly opinion of Judge Johnson, but I have these observations to emphasize certain things.

First, Zaire Gulf has not sought indemnity/contribution1 from BOS, so that question is not strictly presented to us. The opinion does not jeopardize any such rights by Zaire Gulf. Contrary to some suggestions on oral argument, the fact that Zaire Gulf settled with Hardy would not forbid Zaire Gulf from seeking indemnity/contribution from BOS.

From the viewpoint of maritime law, this is important since in the run-of-the-mill cases, especially in admiralty, a party exposed to serious…

2Cases cited4 opinions

  1. Edmonds v. Compagnie Generale TransatlantiqueSupreme Court of the United States · 1979
  2. Raymond Leger, Cross-Appellant v. Drilling Well Control, Inc., Dresser Offshore Services, Inc., Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1979
  3. Hernandez v. M/V RajaanCourt of Appeals for the Fifth Circuit · 1988
  4. Constructores Tecnicos v. Sea-Land Service, Inc.Court of Appeals for the Fifth Circuit · 1991

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