Legal Opinion

Robinson v. Orient Marine Co. Ltd.

Court of Appeals for the Fifth Circuit

Decided October 19, 2007No. 06-30791PublishedCited by 43 opinions

1Opinion of the Court

EDITH BROWN CLEMENT, Circuit Judge:

In this interlocutory appeal, Pan Ocean Shipping Co. (“Pan Ocean”) contests the district court’s denial of summary judgment as to Leonal Robinson’s claims against it. For the following reasons, we REVERSE and REMAND.

I. FACTS AND PROCEEDINGS

Pan Ocean executed a time charter from Oldendorff Carriers GmbH and Co. (“Ol-dendorff’) for the M/V CLIO PACIFIC. Clause 8 of the agreement between the companies provided: “Charterers are to Perform all cargo handling at their risk and expense.”

In Indonesia, the hold of the CLIO PACIFIC had been loaded with crates of…

2Cases cited8 opinions

  1. Scindia Steam Navigation Co. v. De Los SantosSupreme Court of the United States · 1981
  2. Howlett v. Birkdale Shipping Co., S.A.Supreme Court of the United States · 1994
  3. Brenda A. Gowesky, M.D. v. Singing River Hospital Systems, D/B/A Ocean Springs HospitalCourt of Appeals for the Fifth Circuit · 2003
  4. Trinidad Pimental v. Ltd Canadian Pacific BulCourt of Appeals for the Fifth Circuit · 1992
  5. Thomas G. Carpenter v. Universal Star Shipping, S.A., a Foreign Corporation, and Sealaska Timber Corporation, a Foreign CorporationCourt of Appeals for the Ninth Circuit · 1991

3 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. Nicole Burton v. Freescale Semiconductor, Inc., etCourt of Appeals for the Fifth Circuit · 2015
  2. William Windham v. Harris County, TexasCourt of Appeals for the Fifth Circuit · 2017
  3. CQ, Inc. v. TXU Mining Co., L.P.Court of Appeals for the Fifth Circuit · 2009
  4. Versai Management Corp. v. Clarendon America InsuranceCourt of Appeals for the Fifth Circuit · 2010
  5. Johnny Grogan v. Parveen KumarCourt of Appeals for the Fifth Circuit · 2017

38 more not listed; retrieve them via the Exa API.

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