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NuStar Energy Services, Inc. v. ING Bank N.V., et al.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 17-20246 · judgment January 14, 2019

Dismissed · October 17, 2019
Pre-decision estimate: 6% cert probability (95% interval 4%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, a Fifth Circuit decision below, and a business petitioner, and down for a business respondent.

Question presented

The Commercial Instruments and Maritime Liens Act, 46 U.S.C. § 31342(a), affords a maritime lien against a vessel to any party that “provides necessaries to a vessel on the order of the owner or a person authorized by the owner.” The question presented is: Whether a party that physically supplies a vessel with fuel or other necessaries possesses a statutory maritime lien where the vessel owner or its authorized agent ordered those necessaries and directed the supplier to provide them, regardless of contractual relationships between the vessel owner and intermediate parties. (i)

Counsel of record

For petitioner
Jonathan Saul Franklin
Norton Rose Fulbright US, LLP

For respondent
Bruce Gordon Paulsen
Seward & Kissel LLP

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Oct 17 2019
    Petition Dismissed - Rule 46.
  2. Sep 30 2019
    Motion to dismiss under Rule 46.2 filed.
  3. Jul 10 2019
    DISTRIBUTED for Conference of 10/1/2019.
  4. Jul 09 2019
    Reply of petitioner NuStar Energy Services, Inc. filed.
  5. Jun 24 2019
    Brief of respondent ING Bank N.V. in opposition filed.
  6. Jun 24 2019
    Brief of respondents Cosco Haifa Maritime Ltd., et al. in opposition filed.
  7. May 17 2019
    Motion to extend the time to file a response is granted and the time is extended to and including June 24, 2019, for all respondents.
  8. May 15 2019
    Motion to extend the time to file a response from May 28, 2019 to June 24, 2019, submitted to The Clerk.
  9. Apr 25 2019
    Response Requested. (Due May 28, 2019)
  10. Apr 23 2019
    DISTRIBUTED for Conference of 5/9/2019.
  11. Apr 09 2019
    Waiver of right of respondent ING Bank N.V. to respond filed.
  12. Apr 05 2019
    Waiver of right of respondents Cosco Haifa Maritime Ltd., Cosco Auckland Maritime Ltd., Coscon and Cosco Venice Maritime Ltd. to respond filed.
  13. Mar 18 2019
    Petition for a writ of certiorari filed. (Response due April 17, 2019)