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Shell Offshore Inc. v. Palfinger Marine USA, Inc.

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 22-30582 · judgment January 11, 2024


Certiorari denied · October 7, 2024
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Can oil and gas exploration from a fixed platform on the Outer Continental Shelf qualify as “maritime commerce,” triggering the application of maritime law to contracts performed on the platform, when this Court has held in a tort context that such facilities “were not even suggestive of maritime affairs”? (i)

Counsel of record

For petitioner
Kathryn Zainey Gonski
Liskow & Lewis

For respondent
Joseph L. McReynolds
Deutsch, Kerrigan, L.L.P.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 07 2024
    Petition DENIED.
  2. Sep 26 2024
    Reply of petitioner Shell Offshore Inc. filed. (Distributed)
  3. Jul 17 2024
    DISTRIBUTED for Conference of 9/30/2024.
  4. Jun 27 2024
    Brief of respondent Palfinger Marine USA, Inc. in opposition filed.
  5. May 23 2024
    Petition for a writ of certiorari filed. (Response due June 27, 2024)