SCOTUS Today: The Justices “Clear the Deck” of Non-Contentious Cases

While the Justices are not actually sitting, they are dealing with petitions and are rendering decisions, clearing the deck of mostly non-contentious cases. This morning's singleton decision in Citgo Asphalt Refining Co. v. Frescati Shipping Co., Ltd., is such a case, and it literally concerns "decks."

Over a dissent by Justice Thomas that was joined by Justice Alito, Justice Sotomayor wrote for the other six judges—liberal and conservative alike—holding that a maritime "safe berth" clause, under which ships are chartered, creates a warranty that the berth will be safe, not a mere obligation to conduct due diligence obligation. The clause at issue was an industry-standard document requiring a charterer to designate a "safe berth" at which the chartered vessel may load and discharge cargo. Specifically, the contract provided that "[t]he vessel shall load and discharge at any safe place or wharf, . . . which shall be designated and procured by the Charterer, provided the Vessel can proceed thereto, lie at, and depart therefrom always safely afloat, any lighterage being at the expense, risk and peril of the Charterer." If you ever are in need of chartering a commercial vessel, you will be heartened to know that you will be protected with respect to the safety of the berth in which the ship will dock.

By attorney Stuart Gerson of Epstein Becker Green, former Acting Attorney General of the United States and Assistant Attorney General for the Civil Division of the Department of Justice: https://www.ebglaw.com/stuart-m-gerson/

This article has been provided for informational purposes only and is not intended and should not be construed to constitute legal advice. Please consult your attorneys in connection with any fact-specific situation under federal law and the applicable state or local laws that may impose additional obligations on you and your company.