Opinion · Supreme Court of the United States

McGraw v. Berger

51 L. Ed. 2d 542

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1977-02-22
Topic
general

applying Louisiana law; pipe manufacturer need not have warned experienced oil and gas producer of danger of pipe embrittlement from exposure to hydrogen sulfide gas where producer knew of embrittlement danger and should have known of inadequacy of smell test for hydrogen sulfide | applying Louisiana law; pipe manufacturer need not have warned experienced oil and gas producer of danger of pipe embrittlement from exposure to hydrogen sulfide gas where producer knew of embrittlement danger and should have known of inadequacy of smell test for hydrogen sulfide | exclusive jurisdiction in a special federal court allows collateral attack in that court on an action brought in a federal district court | duty to warn if product, though not otherwise defective, may not be safely used in certain foreseeable ways | "The 'essence' standard is to be interpreted expansively, so as to uphold the award, rather than restrictively" | courts must “scrupulously avoid the invasion of the arbitration panel’s sphere and the enticement of ruling on the ‘intrinsic merits’ of the dispute.” | “The bankruptcy court can affect only the relationships of debtors and creditor. It has no power to affect the obligations of guarantors” | “The ‘essence’ standard is to be interpreted expansively, so as to uphold the award, rather than restrictively” | Bradco selected and specified type of pipe to be used in drilling operation | Chapter XI arrangement does not discharge guarantor's liability to creditor | Chapter XI arrangement does not discharge guarantor’s liability to creditor | interpreting the Bankruptcy Act predecessor of § 524(e)

Citator

Cited by
46 opinions

C. A. 2d Cir. Certiorari denied.