766 F. Supp. 2d 797
S.D. Tex.2011Background
- Pride Wyoming, a 250-foot mat-slot jack-up, was offshore in Ship Shoal Block 283 during Hurricane Ike and was displaced and sank.
- Wreckage settled on pipelines owned by Williams and Tennessee Gas Pipeline; Pride Offshore owned the jack-up and sought exoneration from, or limitation of liability.
- Century Exploration asserted roughly $21 million in damages for damage to its pipelines and alleged unseaworthiness, master/crew negligence, and later recklessness and intentional misconduct.
- Century did not allege Pride Offshore knew of Century's contract with TGPC; Pride moved for summary judgment on pleading sufficiency and economic-loss grounds.
- The court granted Pride’s summary-judgment motion as to pleading sufficiency with leave to Century to amend, and granted summary judgment on the proprietary-interest theory.
- Century was given until February 25, 2011 to file an amended complaint.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Adequacy of Century's amended claim for intentional interference | Century argues Nautilus Marine shows knowledge of contract and intent to interfere may defeat Robins Dry Dock rule. | Pride argues no Robins Dry Dock exception for intentional interference; Nautilus requires actual knowledge of contract; amendment futile. | Leave to amend granted; summary judgment based on pleadings with ability to amend. |
| Whether Pride had knowledge of Century's TGPC contract | Century contends amendment would plead Pride’s knowledge of the contract. | Pride maintains inability to plausibly allege such knowledge; amendment futile. | Amendment allowed to determine sufficiency; summary judgment on this ground reserved. |
| Proprietary interest in the damaged pipeline | Century argues post-accident repair liability evidences proprietary interest supporting recovery. | Century admitted no pre-damage proprietary interest; repairs liability does not create pre-damage interest. | Century has no proprietary interest; Robins Dry Dock-based summary judgment granted. |
Key Cases Cited
- Robins Dry Dock & Repair Co. v. Flint, 275 U.S. 303 (U.S. 1927) (robins dry dock rule: tort relating to another's contract generally not liable to third parties)
- Amoco Transport Co. v. S/S MASON LYKES, 768 F.2d 659 (5th Cir. 1985) (carves out exceptions to Robins Dry Dock in collision-privity contexts)
- Nautilus Marine, Inc. v. Niemela, 170 F.3d 1195 (9th Cir. 1999) (knowledge and intent to interfere required for injunction against Robins Dry Dock; no implicit exception)
- Norwegian Bulk Transport A/S v. Int'l Marine Terminals Partnership, 520 F.3d 409 (5th Cir. 2008) (Robins Dry Dock principle applied to maritime cases with limited exceptions)