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Harley Marine Financing, LLC v. Tug Construction, LLC

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 22-36049 · judgment February 15, 2024


Certiorari denied · October 7, 2024
Pre-decision estimate: 3% cert probability

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

Question presented

Whether the Ninth Circuit violated the fundamental principle of appellate review that a finding of fact is clearly erroneous if there is no evidentiary support for it in the trial record by affirming the trial court’s finding that Harley Marine Financing, LLC breached the subject bareboat charter agreements by failing to return the chartered vessels in the same condition as they were upon delivery, less ordinary wear and tear, even though there was no evidence establishing the conditions of the Vessels upon their delivery?

Counsel of record

For petitioner
Kevin Harry Marino
Marino, Tortorella & Boyle, P.C.

For respondent
Brian William Esler
Miller Nash LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 07 2024
    Petition DENIED.
  2. Jul 02 2024
    DISTRIBUTED for Conference of 9/30/2024.
  3. Jun 25 2024
    Waiver of right of respondent Tug Construction, LLC to respond filed.
  4. Jun 20 2024
    Petition for a writ of certiorari filed. (Response due July 24, 2024)