Legal Opinion · Dissent
Louisiana ex rel. Guste v. M/V Testbank
Court of Appeals for the Fifth Circuit
Decided February 11, 1985No. 82-3059Published
1Dissent
WISDOM, Circuit Judge, with whom ALVIN B. RUBIN, POLITZ, TATE, and JOHNSON, Circuit Judges, join,
dissenting.
Robins is the Tar Baby of tort law in this circuit. And the brier-patch is far away. This Court’s application of Robins is out of step with contemporary tort doctrine, works substantial injustice on innocent victims, and is unsupported by the considerations that justified the Supreme Court’s 1927 decision.
Robins was a tort case grounded on a contract. Whatever the justification for the original holding, this Court’s requirement of physical injury as a condition to recovery is an…
2Cases cited41 opinions
- Illinois Brick Co. v. IllinoisSupreme Court of the United States · 1977
- Ultramares Corp. v. ToucheNew York Court of Appeals · 1931
- Robins Dry Dock & Repair Co. v. FlintSupreme Court of the United States · 1927
- Pennsylvania v. Wheeling & Belmont Bridge Co.Supreme Court of the United States · 1856
- American Export Lines, Inc. v. AlvezSupreme Court of the United States · 1980
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