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

Paid petition · United States Court of Appeals for the Second Circuit, No. 17-1458

Dismissed · October 17, 2019

Pre-decision estimate: 5% cert probability (95% interval 3%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Second 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
Robert Eugene O'Connor
Montgomery McCracken Walker & Rhoads LLP

Case

Conference history
Distributed for 2 conferences

Proceedings

Oct 17 2019
Petition Dismissed - Rule 46.
Sep 30 2019
Motion to dismiss under Rule 46.2 filed.
Jul 10 2019
DISTRIBUTED for Conference of 10/1/2019.
Jul 09 2019
Reply of petitioner NuStar Energy Services, Inc. filed.
Jun 24 2019
Brief of respondents ING Bank N.V. and O.W. Bunker USA Inc. in opposition filed.
Jun 05 2019
Letter of May 29, 2019 from counsel for respondent Nippon Kaisha Line Limited received.
May 30 2019
Letter of May 21, 2019 from counsel for respondent Clearlake Shipping Pte. Ltd, received.
May 14 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.
May 08 2019
Motion to extend the time to file a response from May 24, 2019 to June 24, 2019, submitted to The Clerk.
Apr 24 2019
Response Requested. (Due May 24, 2019)
Apr 23 2019
DISTRIBUTED for Conference of 5/9/2019.
Apr 10 2019
Waiver of right of respondent O.W. Bunker USA, Inc. to respond filed.
Apr 09 2019
Waiver of right of respondent ING Bank N.V. to respond filed.
Apr 05 2019
Waiver of right of respondent Clearlake Shipping Pte Ltd. to respond filed.
Apr 05 2019
Waiver of right of respondent Nippon Kaisha Line Limited to respond filed.
Mar 18 2019
Petition for a writ of certiorari filed. (Response due April 19, 2019)