United States Federal Circuit

In a case involving alleged damage to oyster growers due to dredging operations, a portion of a judgment transferring plaintiffs-oyster growers' negligence claims against private contractors to the Court of Federal Claims is reversed where: 1) there was not a "want of jurisdiction" in the district court over the oyster growers' private tort action; and 2) 28 U.S.C. section 1404(a) does not provide for transfers from a district court to the Court of Federal Claims.

Appellate Information

• Decided 06/21/2007
• Published 06/21/2007

Judges

• Before NEWMAN, LINN, and MOORE, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Paul W. O'Finan, Paul W. O'Finan Law Office, of Houston, TX, argued for Childress Seafood, Inc., et al, and for all plaintiffs-appellants.   With him on the brief for Fisherman's Harvest, Inc., et al, was David E. Bernsen, of Beaumont, TX.


• For Appellees:
  
• Paul G. Preston, The Preston Law Firm, L.L.P., of Houston, TX, for defendant-appellee, Bradley Industrial Textiles, Inc. With him on the brief was Devon H. Decker., Jill A. Schaar, Locke Liddell & Sapp LLP, of Houston, TX, for defendant-appellee, Nicolon Corporation (also know as Ten Cate Nicolon)., Kenneth G. Engerrand, Brown Sims, P.C., of Houston, TX, argued for defendant/third party plaintiff-appellee., David D'Alessandris, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for third party defendant-appellee.   With him on the brief were Peter D. Keisler, Assistant Attorney General, and Patricia M. McCarthy, Assistant Director.