Legal Opinion · Dissent

Gic Services, L.L.C. v. Freightplus USA, Incorpora

Court of Appeals for the Fifth Circuit

Decided August 8, 2017No. 15-30975Published

1DissentLeslie H. Southwick, Circuit Judge

My disagreement with the majority concerns its analysis of the issue of authentication of the invoice from Visifi Nigeria Limited, I do not believe there was a stipulation. Accordingly, the exhibit on which most of the damage award is based was never properly admitted into evidence.

There were two documents that allegedly provided evidence of the REBEL’S storage costs. One was the Visifi invoice. The other was an invoice from Julius Berger Services, the party storing the REBEL. The two'documents are quite different. The Visifi invoice lists “demurrage” fees at $1,400 per day, totaling over $1…

2Cases cited5 opinions

  1. United States v. United States Gypsum Co.Supreme Court of the United States · 1948
  2. Reymond Meadaa v. K.A.P. Enterprises, L.L.CCourt of Appeals for the Fifth Circuit · 2014
  3. Federal Savings And Loan Insurance Corporation v. Texas Real Estate Counselors, Inc.Court of Appeals for the Fifth Circuit · 1992
  4. United States v. Martel BarnesCourt of Appeals for the Fifth Circuit · 2015
  5. EMJ Corporation v. Hudson Specialty InsuranCourt of Appeals for the Fifth Circuit · 2016

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