Logourl black
From our private database of 13,800+ case briefs...

State of Louisiana ex rel. Guste v. M/V. Testbank

United States Court of Appeals for the Fifth Circuit
752 F.2d 1019 (5th Cir. 1985)


Facts

Two ships, M/V Testbank and M/V Sea Daniel (defendants), collided, causing containers of PCP to go overboard into the Mississippi River Gulf outlet (outlet). As a result of the spill, the Coast Guard closed the outlet and suspended all fishing, shrimping, and related activities. Numerous plaintiffs brought suit and the case was consolidated. The defendants moved for summary judgment on all claims for economic loss not associated with physical damage to a proprietary interest. The district court granted the motion in regards to all plaintiffs with the exception of commercial oystermen, shrimpers, crabbers, and fishermen. A panel of the United States Court of Appeals for the Fifth Circuit affirmed. The United States Court of Appeals for the Fifth Circuit agreed to reexamine the case en banc.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Higginbotham, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

Concurrence (Gee, J.)

The concurrence section is for members only and includes a summary of the concurring judge or justice’s opinion. To access this section, start your 7-day free trial of Quimbee for Law Students.

Dissent (Wisdom, J.)

The dissent section is for members only and includes a summary of the dissenting judge or justice’s opinion. To access this section, start your 7-day free trial of Quimbee for Law Students.

Dissent (Rubin, J.)

The dissent section is for members only and includes a summary of the dissenting judge or justice’s opinion. To access this section, start your 7-day free trial of Quimbee for Law Students.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 166,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.