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