Hornbeck Offshore Transp., LLC v. US, No. 08-5225

In a tort action against the U.S. based on the Coast Guard's decision to phase out single-hulled oil barges such as those operated by Plaintiff, the dismissal of the complaint is affirmed where Plaintiff identified no duty that could give rise to liability under state law.

Read Hornbeck Offshore Transp., LLC v. US, No. 08-5225

Appellate Information

Argued April 14, 2009

Decided June 30, 2009

Judges

Opinion by Judge Brown

Concurrence by Judge Rogers

Counsel

For Appellant:

Gene C. Schaerr, Winston & Strawn LLP, Washington, DC

Lawrence I. Kiern, Winston & Strawn LLP, Washington, DC

For Appellee:

Sydney A. Foster, Attorney, U.S. Department of Justice, Washington, DC