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View Recent Blog Posts in Admiralty and Maritime
- The U.S. 5th Circuit Broadens the Scope of the Louisiana Oilfield Anti-Indemnity Act (LOAIA) In a case of first impression, the U.S. 5th Circuit recently held that the Louisiana Oilfield Anti-Indemnity Act (LOAIA) does not contain a universal well requirement. Louisiana is only one of four states that has passed an oilfield anti-indemnity act. Enacted in 1981, the LOAIA renders "null, void and unenforceable" certain indemnification provisions in "agreement[s]... Continue Reading...
- U.S. 5th Circuit Upholds "Law of the Flag" in Latest International Maritime Dispute Saga On May 1, 2024, the U.S. 5th Circuit reversed an Eastern District of Louisiana decision based on a differing interpretation and application of the Supreme Court's Lauritzen-Rhoditis factors; holding that the law of the flag state governed the injured mariner's maritime law claims against the vessel operator. In Ganpat v. Eastern Pacific Shipping PTE, Ltd.,... Continue Reading...
- U.S. Supreme Court Bolsters Choice-of-Law Clauses in Maritime Insurance Contracts: Putting the Presumption Back in Presumptive Enforceability Back in March of 2023, the U.S. Supreme Court granted cert in the case of Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC (find our coverage of that grant here). Last week, the Court released its opinion in that case, a 9-0 decision in favor of the insurer-appellant. In short, the Court put... Continue Reading...
- Disarming the Nuclear Verdict: Louisiana and Texas Courts Curb Excessive Awards of General Damages to Personal Injury Plaintiffs In today's legal landscape, jury awards to personal injury plaintiffs are trending upwards. Studies show that "nuclear verdicts" are increasing in prevalence as jurors grow more critical of corporate defendants and are increasingly persuaded by provocative trial tactics from plaintiff attorneys. However, recent decisions from Louisiana and Texas show that some courts are bucking the... Continue Reading...
- Choice-of-Law Clauses in Marine Insurance Policies: The U.S. Supreme Court Grants Cert Earlier this month, the U.S. Supreme Court granted cert in the case of Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC. The question before the Court is whether, under federal admiralty law, a choice-of-law clause in a marine insurance policy can be rendered unenforceable if enforcement is contrary to a strong public policy... Continue Reading...
- 19th JDC Reverses Louisiana Pilotage Fee Commission Rate Increases Judge Donald Johnson, of the Louisiana 19th Judicial District Court ("JDC"), granted an appeal of a final order of the Louisiana Pilotage Fee Commission ("PFC") in Docket No. P20-001, that approved numerous rate increases for the Crescent River Port Pilots' Association ("CRPPA"). The appeal was jointly filed by the Louisiana Chemical Association ("LCA") and Louisiana... Continue Reading...
- CBP Affirms Jones Act (Coastwise) Compliant Vessels Are Required for Most Wind Energy Offshore Installations On September 2, 2022, the U.S. Customs and Border Protection of the Department of Homeland Security ("CBP") issued a CBP ruling, HQ H32233, determining that most offshore Wind Energy installation projects, including the laying of transmission cables, generally requires the use of Jones Act (Coastwise) compliant vessels. Jones Act qualified and compliant vessels are those... Continue Reading...
- Supreme Court to Review FLSA Claim By Highly Compensated Offshore Employee In Helix Energy Solutions Group Inc v. Hewitt, an en banc U.S. Fifth Circuit Court of Appeals issued a 12-6 ruling last year finding that a highly paid offshore supervisor (who was paid more than $200,000 per year on a day rate basis) was entitled to overtime premium pay because he was not paid on... Continue Reading...
- BOEM Begins Key Environmental Assessment in Preparation for Offshore Wind Development in the GOM In support of the Biden administration's goal of permitting 30 gigawatts of offshore wind by 2030, the Bureau of Ocean Energy Management ("BOEM") announced that it has been begun preparing its draft environmental assessment to evaluate the potential impacts of offshore wind development in federal waters in the Gulf of Mexico. The area to be... Continue Reading...
- Fifth Circuit Holds That A Jones Act Seaman Can Be Contributorily Negligent For His Own Injuries When Following the General Orders Of His Superior In the recent 2-1 decision of Knight v. Kirby Offshore Marine Pac., L.L.C, No. 19-30756, 2020 WL 7393534, at *1 (5th Cir. Dec. 17, 2020), the Fifth Circuit held that a Jones Act Seaman was contributorily negligent for his injuries when following the general orders of his superior. The Court analyzed the differences between general... Continue Reading...
