# Tennessee Gas Pipeline, Also Known as Tenneco Incorporated v. Houston Casualty Insurance Company

> Court of Appeals for the Fifth Circuit · August 5, 1996 · 87 F.3d 150

URL: https://www.frixlaw.com/law-library/cases/9489265

## Case

- **Full name:** TENNESSEE GAS PIPELINE, Also Known as Tenneco Incorporated, Plaintiff-Appellant, v. HOUSTON CASUALTY INSURANCE COMPANY, Defendant-Appellee
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** August 5, 1996
- **Citations:** 87 F.3d 150; 1996 WL 339189
- **Precedential status:** Published
- **Opinion:** Concurrence by Jolly
- **Judges:** Reavley, Garwood, Jolly
- **Cited by:** 74 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9489265

## How later opinions describe it (automated extraction)

- concluding that the "but-for" test was satisfied and OCSLA jurisdiction existed where "[a]n ocean-going vessel ... allided with a platform secured to the outer continental shelf some 35 miles off the coast of Louisiana," id. at 152, because "there would not have been an accide…
- noting that “maritime claims do not ‘aris[e] under the . . . laws of the United States’ for purposes of federal question and removal jurisdiction.” (quoting 28 U.S.C. § 1441 (b) (2011)) (emphasis added)
- noting that "maritime claims do not 'aris[e] under the ... laws of the United States’ for purposes of federal question and removal jurisdiction.” (quoting 28 U.S.C. § 1441(b) (2011)) (emphasis added)
- holding that “removal is consistent with the second sentence of § 1441(b), if not the first”

## Opinion text

E. GRADY JOLLY, Circuit Judge,
specially concurring:
I concur, but in doing so I simply observe that the majority’s discussion of the applicability of the first sentence of 28 U.S.C. § 1441 (b) to claims over which we have original jurisdiction under 43 U.S.C. § 1349 , Slip Op., at 4202-4203, is unnecessary to decide this case, and thus constitutes only dicta.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9489265. Public record. Not legal advice.