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CITGO Asphalt Refining Company ("CARCO") chartered a single-hulled oil tanker, the M/T Athos I, from an intermediary of Frescati Shipping Co., Ltd. and Tsakos Shipping & Trading, S.A. ("Frescati") to deliver crude oil from Venezuela to CARCO's berth in New Jersey.The contract between CARCO and Frescati contained a "safe berth" clause stipulating that, as the "charterer ...
By Yuanyuan Zhang, Published on 07/25/21
Brief of respondents Frescati Shipping Company, Ltd., et al. in opposition filed. Mar 19 2019: Reply of petitioners CITGO Asphalt Refining Company, et al. filed. Mar 20 2019: DISTRIBUTED for Conference of 4/12/2019. Apr 15 2019: DISTRIBUTED for Conference of 4/18/2019. Apr 22 2019: Petition GRANTED. Apr 26 2019
2 CITGO ASPHALT REFINING CO. v. FRESCATI SHIPPING CO. Syllabus . berth clause. As CARCO acknowledges, the clause imposes on the charterer a duty to select a safe berth. And given the unqualified lan-guage of the clause, the charterer's duty is absolute: The charterer must designate a berth that is "safe" and that allows the vessel to come
In 2004, CITGO Asphalt Refining Co. and related companies contracted with Frescati Shipping Co. and others for a shipment of crude oil from Venezuela to Paulsboro, New Jersey. Frescati owned and operated the oil tanker, which had nearly completed its 1,900-mile journey to its destination berth on the Delaware River.
Read CITGO Asphalt Refining Co. v. Frescati Shipping Co., 140 S. Ct. 1081, see flags on bad law, and search Casetext's comprehensive legal database
Brief of respondents Frescati Shipping Company, Ltd., et al. in opposition filed. Main Document Certificate of Word Count Proof of Service: Mar 19 2019: Reply of petitioners CITGO Asphalt Refining Company, et al. filed. Main Document Certificate of Word Count Proof of Service: Mar 20 2019: DISTRIBUTED for Conference of 4/12/2019. Apr 15 2019
2021] Citgo Asphalt Refining Co. v. Frescati Shipping Co. 45 performance, similar contract, internal document, statements made by parties, and the circumstances or situation surrounding the making of a contract.12 In applying this rule, courts generally determine whether there is an ambiguity
Frescati Shipping Co., Ltd. v. Citgo Asphalt Refining Co., No. 16-3470 (3d Cir. 2018) In 2004, after traveling from Venezuela to Paulsboro, New Jersey, Frescati's single-hulled oil tanker, Athos, came within 900 feet of its intended berth and struck an abandoned anchor in the Delaware River, causing 264,000 gallons of crude oil to spill.
CITGO Asphalt Refining Co. v. Frescati Shipping Co., 589 U.S. ___ (2020), was a United States Supreme Court case dealing with the responsibility of costs of cleanup resulting from a 2004 oil spill on the Delaware River near Paulsboro, New Jersey from the result of a hull rupture. The ship's owner, the Frescati Shipping Company, was responsible the costs of the cleanup, coming to more than US ...
CITGO Asphalt Refining Co. v. Frescati Shipping Co., Ltd. was a case argued before the Supreme Court of the United States on November 5, 2019, during the court's October 2019-2020 term.The case came on a writ of certiorari to the United States Court of Appeals for the 3rd Circuit.. The court affirmed the 3rd U.S. Circuit Court of Appeals' decision in a 7-2 ruling, holding a safe berth …
Brief of respondents Frescati Shipping Company, Ltd., et al. in opposition filed. Jan 17 2014: Additional authorities received from counsel for respondents Frescati Shipping Company, Ltd., et al.. Jan 28 2014: Reply of petitioners CITGO Asphalt Refining Company, et al. filed. (Distributed) Jan 29 2014: DISTRIBUTED for Conference of February 21 ...
Brief of respondents Frescati Shipping Company, Ltd., et al. in opposition filed. Mar 19 2019: Reply of petitioners CITGO Asphalt Refining Company, et al. filed. Mar 20 2019: DISTRIBUTED for Conference of 4/12/2019. Apr 15 2019: DISTRIBUTED for Conference of 4/18/2019. Apr 22 2019: Petition GRANTED. Apr 26 2019
CITGO Asphalt Refining Co. et al. v. Frescati Shipping Co., Ltd., et al. certiorari to the united states court of appeals for the third circuit. No. 18–565. Argued November 5, 2019—Decided March 30, 2020
He also directed Judge Fullam to consider whether CARCO had met its tort law "duty of care.". Although CARCO appealed Judge Ambro's decision to the Supreme Court, it declined to hear the case. See CITGO Asphalt Refining Co. v. Frescati Shipping Co., Ltd., 571 U.S. 1197 (2014).
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