Legal Opinion

MS Tabea Schiffahrtsgesellschaft MBH & Co. KG v. Board of Commissioners

Court of Appeals for the Fifth Circuit

Decided March 18, 2011No. 10-30259PublishedCited by 16 opinions

1Opinion of the Court

EMILIO M. GARZA, Circuit Judge:

The Board of Commissioners of the Port of New Orleans (“the Dock Board”) appeals from the district court’s interlocutory order dismissing the Dock Board’s failure to dredge claims against the United States for lack of subject matter jurisdiction. The Dock Board contends that the United States, through the Army Corps of Engineers, had a duty to dredge and properly maintain certain depths in the Mississippi River near the Port of New Orleans, that the Corps’ failure to dredge caused the grounding of a containership, and that the United States should be held liable…

2Cases cited14 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. United States v. GaubertSupreme Court of the United States · 1991
  3. Berkovitz v. United StatesSupreme Court of the United States · 1988
  4. United States v. S.A. Empresa De Viacao Aerea Rio GrandenseSupreme Court of the United States · 1984
  5. Howery v. Allstate Ins CompanyCourt of Appeals for the Fifth Circuit · 2001

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3Cited by16 opinions

  1. Chad Barnes v. Sea Hawaii Rafting, LLCCourt of Appeals for the Ninth Circuit · 2018
  2. United States v. $4,480,466.16 in Funds SeizedCourt of Appeals for the Fifth Circuit · 2019
  3. William Gibson v. USACourt of Appeals for the Fifth Circuit · 2016
  4. United States v. Nature's Way Marine, L.L.C.Court of Appeals for the Fifth Circuit · 2018
  5. Psara Energy, Limited v. Space Shipping, LimitedCourt of Appeals for the Fifth Circuit · 2020

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