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Harley Marine Services, Incorporated v. Conrad Shipyard, L.L.C., et al.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 23-30286 · judgment February 23, 2024
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and a business petitioner, and down for a business respondent.
Question presented
Whether the Fifth 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 record by affirming the trial court’s reimbursement and indemnification rulings even though there was no evidence that Franco Marine 1, L.L.C., Franco Marine 2, L.L.C. and Harley Franco had actual agency authority to bind Harley Marine Services, Inc. to the obligations in the subject vessel construction contracts with Conrad Shipyard, L.L.C.?
Counsel of record
For petitioner
Kevin Harry Marino
Marino, Tortorella & Boyle, P.C.
For respondent
Lawrence R. DeMarcay III
Miller, Sullivan and DeMarcay, LLC
Case
Conference history
Distributed for 1 conference
Proceedings
- Nov 04 2024Petition DENIED.
- Oct 09 2024DISTRIBUTED for Conference of 11/1/2024.
- Oct 01 2024Waiver of right of respondent Conrad Shipyard, L.L.C to respond filed.
- Oct 01 2024Waiver of right of respondents Franco Marine 1, LLC, Franco Marine 2, LLC, Harley Franco to respond filed.
- Sep 03 2024Petition for a writ of certiorari filed. (Response due October 7, 2024)