Editor's Note :

Editor's Note :

We expect orders from the April 21 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday, April 25.
On Monday the court hears oral argument in McWilliams v. Dunn. Amy Howe has our preview.
On Monday the court also hears oral argument in Davila v. Davis. Steve Vladeck has our preview.

Bulk Juliana, Ltd. v. World Fuel Services (Singapore) PTE, Ltd.

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
16-26 5th Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether foreign parties, who have no actual or apparent authority to bind a vessel, can contractually bestow presumptive authority on the time charterer, without the vessel owner's knowledge or involvement, and thereby create a maritime lien that would not otherwise arise without the contract; (2) whether the exercise of in rem jurisdiction premised on the existence of a maritime lien that only exists by virtue of a contractual choice of U.S. law entered into by parties without authority to bind the vessel, and that would not exist in the absence of the contract, violates the axiom that jurisdiction that would not otherwise exist cannot be conferred by the parties' consent; (3) whether a contract between a marine fuel supplier and a time charterer selecting U.S. law as the law governing an entirely foreign transaction, for the purpose of creating a maritime lien that would not arise but for the contract, violates the prescription that two contracting parties cannot encumber the property of a third party; and (4) whether the plain and ordinary meaning of the “General Maritime Law of the United States” includes the statutory remedies afforded by the U.S. maritime lien statutes.

DateProceedings and Orders
Jun 30 2016Petition for a writ of certiorari filed. (Response due August 4, 2016)
Jul 28 2016Order extending time to file response to petition to and including September 6, 2016.
Aug 4 2016Motion for leave to file amici brief filed by Star Trident II, LLC, et al.
Aug 15 2016Objection of respondent to motion of Star Trident II, et al. for leave to file brief amici curiae filed.
Sep 21 2016DISTRIBUTED for Conference of October 7, 2016.
Sep 26 2016Response Requested . (Due October 26, 2016)
Oct 17 2016Order extending time to file response to petition to and including November 25, 2016.
Nov 22 2016Brief of respondent World Fuel Services (Singapore) PTE, Ltd. in opposition filed.
Dec 6 2016Reply of petitioners Bulk Juliana, Ltd., et al. filed. (Distributed)
Dec 7 2016DISTRIBUTED for Conference of January 6, 2017.
Jan 9 2017The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States.
 
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