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Vessel Finance Update: Federal Law Controls Validity of a Preferred Ship...
by Stephen C. Hanemann Increasingly common in coastal Louisiana – and even more so during a depressed, offshore, oilfield-services market – is the strained relationship between a marine lender and a...
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How Much is Too Much? The Louisiana Supreme Court Holds that a Punitive...
By Michael J. O’Brien Punitive damages are designed to punish a tortfeasor. They are available as a remedy in general maritime actions where a tortfeasor’s intentional or wanton and reckless conduct...
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U.S. Fifth Circuit’s New Doiron Test Finds P&A Contract to be Maritime, but...
By Tod J. Everage Contractual indemnities are important and valuable in the oil patch. When they are enforceable, they have the potential to end litigation completely or at least the financial burden...
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Insurance Policy’s “No Claims Bonus” Can Be a Recoverable Damage
By Michael J. O’Brien A “no claims bonus” is an attractive carrot that insurers can write into a policy to attract more customers. Indeed, the recovery of a “no claims bonus” can result in a...
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International Trade Update: Is NAFTA Being Revised or Replaced?
By Stephen C. Hanemann “A big day for trade!” was President Donald Trump’s enthusiastic announcement concerning the bilateral negotiations recently reached between the United States and Mexico on...
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Without The Underlying Claim Being Fully Adjudicated, U.S. Fifth Circuit...
By Anjali Gillette On August 29, 2018, the U.S. Court of Appeals for the Fifth Circuit dismissed an appeal for lack of appellate jurisdiction involving the issue of whether a vessel’s primary and...
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Understanding Similarities and Differences in Four Oilfield Anti-Indemnity Acts
By Zoe Vermeulen Indemnity provisions are widely used in the energy industry as a method of contractually apportioning liability between parties. These provisions are a staple in Master Service...
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Be Careful How You Word Your Contracts and Complaints: 5th Circuit Silences...
By Tod J. Everage The modern day contract is a direct result of trial and error. Generally speaking, transactional lawyers try to negotiate “bulletproof” contracts providing exactly what their client...
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U.S. 5th Circuit Defines “Operating” Under OPA
By Amanda Howard Lowe In a decision of first impression interpreting the meaning of “operating” under the Oil Pollution Act of 1990 (“OPA,” 33 U.S.C. §§2701 et seq.), the U.S. Fifth Circuit held the...
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UPDATE: Supreme Court grants writs in Dutra v. Batterton
By: Tod J. Everage Last week, the U.S. Supreme Court granted the Writ of Certiorari in the Dutra v. Batterton case, setting the stage for a resolution of the Circuit Split between the US Fifth and...
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U.S. Supreme Court Holds Transportation Workers Exempt from Arbitration
By: R. Chauvin Kean Generally, a contract is the law between parties, which has long been the position of the U.S. Supreme Court. However, as most well know, this principle is not without limitation....
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Jones Act Employer on Hook For Unnecessary Maintenance and Cure Payments
By Blake Crohan In In the Matter of 4-K Marine, No. 18-30348 (5th Cir. Jan. 30, 2019) the U.S. Fifth Circuit held that the owner of a stationary, “innocent” vessel is not entitled to reimbursement of...
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Duty to Provide Appropriate Medical Care – An Unexpected Source of Liability...
By Daniel Stanton Among the various duties that Jones Act employers are charged with is the duty to provide its seamen with reasonable medical care. In a recent decision from the U.S. Fifth Circuit...
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Update: Supreme Court Rejects Punitive Damages for Unseaworthiness Claims
By Tod J. Everage Today, the U.S. Supreme Court resolved a Circuit Split, holding that punitive damages are not recoverable to a seaman under an unseaworthiness claim. The Court, in a 6-3 ruling,...
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Jones Act Vessel Status Update: The Louisiana Supreme Court Finds Riverboat...
By Stephen C. Hanemann Although the riverboat casino Grand Palais was originally designed to transport people over water, and did so until 2001, and is theoretically capable of navigation, the...
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Offshore Marine Service Association’s (OMSA) Guidance on Personnel Transport...
By: Chuck Talley and Gabe Silva On March 25, 2020, the Offshore Marine Service Association (OMSA) issued a memorandum providing guidance on the transport of potentially infected personnel during the...
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Offshore Marine Service Association’s (OMSA) Guidelines for the Prevention...
By Chuck Talley and Gabe Silva On April 16, 2020, the Offshore Marine Service Association (OMSA) issued a memorandum providing guidance for the protection of maritime personnel on vessels during the...
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Coast Guard Proposes to Clean up Environmental Regulations Governing Tankers
By: Tod J. Everage On May 13, 2020, the USCG published a Notice of Proposed Rulemaking advising of its intent to amend and update the regulations governing financial responsibility for environmental...
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The Regional Comprehensive Economic Partnership (RCEP): The Agreement that...
After several years of negotiation and political posturing, 15 countries signed the Regional Comprehensive Economic Partnership (RCEP) trade agreement on November 15, 2020. The RCEP includes several...
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Fifth Circuit Holds That A Jones Act Seaman Can Be Contributorily Negligent...
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...
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