Justia U.S. 5th Circuit Court of Appeals Opinion Summaries

QT Trading, L.P. ("QT") sued defendants for rust damage to its steel pipes that allegedly occurred during their transport from Dalian, China to Houston, Texas. At issue was whether the district court properly granted summary judgment to in personam defendants on QT's claims for damages under the Carriage of Goods at Sea Act ("COGSA"), 46 U.S.C. 30701 note (Carriage of Goods by Sea), and for negligent bailment of its goods. The court affirmed summary judgment and held that the district court properly dismissed QT's COGSA claims where QT failed to establish genuine issues of material fact where none of the defendants were "carriers" and thus could not be liable for damages under the statute. The court also held that the district court properly dismissed QT's bailment claims where QT failed to show that a certain defendant had exclusive possession of the cargo.

Plaintiff sued defendant in personam and also sued a number of defendant's vessels in rem for breach of contract when defendant failed to make payments due on four promissory notes held by plaintiff and on defendant's default on loan agreements to cover those notes. At issue was whether the district court properly granted plaintiff's motion for summary judgment based on the determination that defendant's defenses were not assertable under Alabama law and that there were no genuine issues of material fact. The court affirmed summary judgment and held that the "entire agreement" clause in the Third Amended Loan Agreement between plaintiff and defendant defeated defendant's defenses of promissory and equitable estoppel.

Plaintiffs, purchasers of condominium units at a planned development on the Mississippi Gulf Coast, demanded rescission of their sales contracts on the basis of violations of the Interstate Land Sales Full Disclosure Act ("ILSA"). At issue was whether plaintiffs' condominium units were exempt from the disclosure requirements of ILSA and therefore, defendant would not be liable for failing to provide the required property report. The court held that plaintiffs' condominium units were not entitled to an ILSA exemption and therefore, defendant violated ILSA when it did not provide the required disclosures.

Plaintiffs, purchasers of condominium units at a planned development on the Mississippi Gulf Coast, demanded rescission of their sales contracts on the basis of violations of the Interstate Land Sales Full Disclosure Act ("ILSA"). At issue was whether plaintiffs' condominium units were exempt from the disclosure requirements of ILSA and therefore, defendant would not be liable for failing to provide the required property report. The court held that plaintiffs' condominium units were not entitled to an ILSA exemption and therefore, defendant violated ILSA when it did not provide the required disclosures.

Plaintiffs, purchasers of condominium units at a planned development on the Mississippi Gulf Coast, demanded rescission of their sales contracts on the basis of violations of the Interstate Land Sales Full Disclosure Act ("ILSA"). At issue was whether plaintiffs' condominium units were exempt from the disclosure requirements of ILSA and therefore, defendant would not be liable for failing to provide the required property report. The court held that plaintiffs' condominium units were not entitled to an ILSA exemption and therefore, defendant violated ILSA when it did not provide the required disclosures.

Plaintiffs, purchasers of condominium units at a planned development on the Mississippi Gulf Coast, demanded rescission of their sales contracts on the basis of violations of the Interstate Land Sales Full Disclosure Act ("ILSA"). At issue was whether plaintiffs' condominium units were exempt from the disclosure requirements of ILSA and therefore, defendant would not be liable for failing to provide the required property report. The court held that plaintiffs' condominium units were not entitled to an ILSA exemption and therefore, defendant violated ILSA when it did not provide the required disclosures.