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PETROBRAS AMERICA, INCORPORATED v. VICINAY CADENAS, S.A.

No. 14-20589.

829 F.3d 770 (2016)

PETROBRAS AMERICA, INCORPORATED; Certain Underwriters at Lloyd's, London and Insurance Companies Subscribing to Policy No. B0576/JM12318, Plaintiffs-Appellants v. VICINAY CADENAS, S.A., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Filed July 22, 2016.

Attorney(s) appearing for the Case

Ileana Margarita Blanco, Esq. , Brett David Solberg , DLA Piper, L.L.P. (US), Houston, TX, Stanley McDermott, III, Esq. , DLA Piper, L.L.P. (US), New York, NY, for Plaintiff-Appellant Petrobras America, Incorporated.

Karen Klaas Milhollin , James Clifton Hall, III , George Howard Lugrin, IV , Attorney, Hall Maines Lugrin, P.C., Houston, TX, for Plaintiff-Appellant Certain Underwriters at Lloyd's, London and Insurance Companies Subscribing to Policy No. B0576/JM12318.

C. Mark Baker , Katherine D. Mackillop, Esq. , Kevin Michael O'Gorman , Norton Rose Fulbright US, L.L.P., Houston, TX, for Defendant-Appellee.

Before JOLLY, JONES, and BENAVIDES, Circuit Judges.

Opinion on Rehearing

The panel hereby clarifies its previous opinion, Petrobras Am., Inc. v. Vicinay Cadenas, 815 F.3d 211 (5th Cir. 2016), as follows.

The holding announced in Part I of the panel's opinion, concluding that the Underwriters did not waive their choice of law argument...

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