Intercontinental Terminals Co. LLC v. Vopak North America Inc.

Intercontinental Terminals Co. LLC (ITC) appeals from a temporary injunction in favor of Vopak North America Inc. and Vopak Terminal Deer Park Inc. (collectively, Vopak), which allows Vopak certain use of ITC's railroad track during the pendency of this litigation. The parties are transport and storage businesses that began litigation following a dispute over the use of a railway track. The trial court entered a temporary injunction order enjoining ITC from restricting Vopak's use of the track to less than 70 cars per day into Vopak's facility and 70 cars per day out of Vopak's facility. The trial court could have reasonably concluded that its 70-railcars-per-day limit balanced the parties' competing interests in the status quo. Testimony supports the trial court's conclusion that ITC's restrictions threaten to cause and will probably cause at least the following harm to Vopak: business disruption, loss of goodwill, loss of reputation in the marketplace, customer uncertainty, delays in servicing dock/sea customers, backlog costs and demurrage fees. The trial court did not abuse its discretion in determining that Vopak would suffer probable, imminent and irreparable harm in the absence of injunctive relief. Based on Vopak's allegations and the evidence, the trial court could have reasonably concluded that Vopak had a probable right of recovery. Texas Rule of Civil Procedure 683 does not mandate that the trial court's order expressly state that the trial court found a probable right of recovery. The trial court's temporary injunction order is affirmed. Houston's 1st Court of Appeals, No. 01-11-00323-CV, 09-22-2011.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION

Intercontinental Terminals Company LLC (ITC) appeals from a temporary injunction in favor of Vopak North America, Inc. and Vopak Terminal Deer Park, Inc. (collectively, Vopak), which allows Vopak certain use of ITC’s railroad track during the pendency of this litigation. ITC challenges the trial court’s temporary injunction on the grounds that it impermissibly alters the status quo and is not supported by evidence of two elements essential to temporary injunctive relief: probable, imminent, and irreparable harm and a probable right to recover. We conclude that the trial court did not abuse its discretion in determining that its order was necessary to preserve the status quo and that the order is supported by evidence of probable, imminent, and irreparable harm and a probable right to recover. We therefore affirm the trial court’s temporary injunction order.

Intercontinental Terminals Co. LLC v. Vopak North America Inc.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to New York Law Journal