Haynes and Boone Secures Fifth Circuit Win for Hess Corp.

01/17/2020

A team of Haynes and Boone, LLP lawyers successfully persuaded the U.S. Fifth Circuit Court of Appeals to affirm a summary judgment in favor of client Hess Corp.

In the suit, Universal Truckload sought payment from Hess and other defendants for shipping costs for transporting disassembled oil rigs.

In a published opinion issued Jan. 3, the Fifth Circuit held that Hess is not liable because it had contracted with a third party — not Universal Truckload — for the shipments. “Because there is no contractual relationship between Hess and Universal Truckload, we affirm the district court’s grant of summary judgment,” the court held.

The Fifth Circuit likewise rejected Universal Truckload’s claim that Hess was liable for shipping costs under North Dakota law, absent a contract between the parties. “Nothing in the North Dakota common law or Code allows Universal Truckload to overcome its lack of contractual agreement with Hess,” the Fifth Circuit held.

Haynes and Boone Counsel Christina Crozier and Associate Natasha Breaux represented Hess in the appeal. Hess was represented in the district court by Haynes and Boone Partner Michael J. Mazzone and Associate Mini Kapoor.

A Law360 report on the Fifth Circuit’s ruling can be found here (subscription required).

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nathan.koppel@haynesboone.com

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