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CITGO Asphalt Refining Company, et al. v. Frescati Shipping Company, Ltd., et al.

Paid petition · United States Court of Appeals for the Third Circuit, No. 16-3470, 16-3552, 16-3867, 16-3868 · judgment March 29, 2018

Decided · March 30, 2020
Pre-decision estimate: 7% cert probability (95% interval 4%–12%)

Before the decision, about 1.8× the 4.1% base rate. The model weighted this up for a Third Circuit decision below, counsel with five or more prior petitions here, and a circuit split argued in the petition, and down for a business respondent.

Question presented

Whether under federal maritime law a safe berth clause in a voyage charter contract is a guarantee of a ship's safety, as the Third Circuit below and the Second Circuit have held, or a duty of due diligence, as the Fifth Circuit has held.

Counsel of record

For petitioner
Carter G. Phillips
Sidley Austin LLP

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 2 conferences

Amicus briefs
2 cert-stage · 6 merits
(3 supporting pet./neither, 3 respondent)

Argument & decision

Argued November 5, 2019 — Carter G. Phillips · Erica L. Ross · Thomas C. Goldstein. Audio and transcript

Decided March 30, 2020. Opinion by Sotomayor.

Proceedings

  1. May 01 2020
    JUDGMENT ISSUED.
  2. Mar 30 2020
    Adjudged to be AFFIRMED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Ginsurg, Breyer, Kagan, Gorsuch, and Kavanaugh, JJ., joined. Thomas, J., filed a dissenting opinion, in which Alito, J., joined.
  3. Nov 05 2019
    Argued. For petitioners: Carter G. Phillips, Washington, D. C. For federal respondent: Erica L. Ross, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For private respondents: Thomas C. Goldstein, Bethesda, Md.
  4. Oct 15 2019
    Motion for divided argument filed by the Solicitor General GRANTED.
  5. Oct 09 2019
    Reply of petitioners CITGO Asphalt Refining Company, et al. filed. (Distributed)
  6. Oct 07 2019
    The record from the U.S.C.A. 3rd Circuit has been electronically filed.
  7. Sep 17 2019
    Amicus brief of Manfred W. Arnold not accepted for filing. (September 17, 2019 -- Duplicate submission)
  8. Sep 17 2019
    Brief amicus curiae of Manfred W. Arnold filed. (Distributed)
  9. Sep 17 2019
    Motion for divided argument filed by the Solicitor General.
  10. Sep 16 2019
    Record requested from the U.S.C.A. 3rd Circuit.
  11. Sep 16 2019
    Brief amici curiae of BIMCO (Formerly The Baltic and International Maritime Council), et al. filed. (Distributed)
  12. Sep 13 2019
    Brief amicus curiae of Sir Bernard Eder filed. (Distributed)
  13. Sep 10 2019
    Brief of respondent United States filed. (Distributed)
  14. Sep 10 2019
    Brief of Private Respondents filed. (Distributed)
  15. Sep 03 2019
    CIRCULATED
  16. Aug 05 2019
    Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
  17. Jul 16 2019
    Brief amicus curiae of North American Export Grain Association filed.
  18. Jul 16 2019
    Brief amici curiae of American Fuels & Petrochemical Manufacturers Association and International Liquid Terminals Association filed.
  19. Jul 16 2019
    Brief amicus curiae of Tricon Energy, Ltd. filed.
  20. Jul 09 2019
    Brief of petitioners CITGO Asphalt Refining Company, et al. filed.
  21. Jul 08 2019
    SET FOR ARGUMENT on Tuesday, November 5, 2019.
  22. Jul 03 2019
    Motion for a further extension of time to file the joint appendix filed.
  23. Jul 03 2019
    Motion to further extend the time to file the joint appendix and granted and the time is extended to and including August 8, 2019.
  24. Jun 19 2019
    Motion to dispense with printing the joint appendix filed by petitioners CITGO Asphalt Refining Company, et al.
  25. May 16 2019
    Motion of the parties to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including July 9, 2019. The time to file respondents' briefs on the merits is extended to and including September 10, 2019.
  26. May 09 2019
    Motion of the parties for an extension of time to file the briefs on the merits filed.
  27. Apr 26 2019
    Blanket Consent filed by Petitioners, CITGO Asphalt Refining Company, et al.
  28. Apr 22 2019
    Petition GRANTED.
  29. Apr 15 2019
    DISTRIBUTED for Conference of 4/18/2019.
  30. Mar 20 2019
    DISTRIBUTED for Conference of 4/12/2019.
  31. Mar 19 2019
    Reply of petitioners CITGO Asphalt Refining Company, et al. filed.
  32. Mar 04 2019
    Brief of respondent United States in opposition filed.
  33. Mar 04 2019
    Brief of respondents Frescati Shipping Company, Ltd., et al. in opposition filed.
  34. Jan 25 2019
    Motion to extend the time to file a response is granted and the time is further extended to and including March 4, 2019, for all respondents.
  35. Jan 24 2019
    Motion to extend the time to file a response from February 1, 2019 to March 4, 2019, submitted to The Clerk.
  36. Dec 19 2018
    Motion to extend the time to file a response is granted and the time is further extended to and including February 1, 2019, for all respondents.
  37. Dec 18 2018
    Motion to extend the time to file a response from January 2, 2019 to February 1, 2019, submitted to The Clerk.
  38. Nov 30 2018
    Brief amici curiae of American Fuels & Petrochemical Manufacturers Association, et al. filed.
  39. Nov 30 2018
    Brief amici curiae of Maritime Law Association of the United States et al. filed.
  40. Nov 21 2018
    Motion to extend the time to file a response is granted and the time is extended to and including January 2, 2019, for all respondents.
  41. Nov 20 2018
    Motion to extend the time to file a response from November 30, 2018 to December 31, 2018, submitted to The Clerk.
  42. Nov 20 2018
    Blanket Consent filed by Petitioners, CITGO Asphalt Refining Company, et al.
  43. Oct 26 2018
    Petition for a writ of certiorari filed. (Response due November 30, 2018)
  44. Sep 04 2018
    Application (18A113) granted by Justice Alito extending the time to file until October 27, 2018.
  45. Aug 31 2018
    Application (18A113) to extend further the time from September 27, 2018 to October 27, 2018, submitted to Justice Alito.
    Written Request
  46. Jul 31 2018
    Application (18A113) granted by Justice Alito extending the time to file until September 27, 2018.
  47. Jul 30 2018
    Application (18A113) to extend the time to file a petition for a writ of certiorari from August 28, 2018 to September 27, 2018, submitted to Justice Alito.
    Main Document