View Recent Blog Posts in Admiralty and Maritime
- 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 Agreements and can be unilateral or mutual. Often, agreements contain knock-for-knock provisions where each party assumes responsibility for claims made by its own employees or subcontractors. ... Continue Reading... ....
- Without The Underlying Claim Being Fully Adjudicated, U.S. Fifth Circuit Denies Jurisdiction on Question of Limitation of Liability 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 excess insurers may limit their liabilities to the same extent available to the vessel. See SCF Waxler Marine, L.L.C. v. ARIS... Continue Reading... ....
- 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 August 27, 2018, merely three months away from the North American Free Trade Agreement’s 25th birthday. While ratified by the Legislatures of Canada, Mexico, and the United... Continue Reading... ....
- 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 substantial payoff for an insured. Given the maxim: “accidents happen”, the question arises, can the “no claims bonus” be recovered... Continue Reading... ....
- U.S. Fifth Circuit’s New Doiron Test Finds P&A Contract to be Maritime, but What if the Work Occurred on the OCS? 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 for a particularly well-positioned indemnitee. But, with “anti-indemnity” statutes in play in several jurisdictions (including Louisiana), the enforceability of these indemnity provisions rely... Continue Reading... ....
- How Much is Too Much? The Louisiana Supreme Court Holds that a Punitive Damage Award Ratio of 184:1 is Excessive 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 amounted to a conscious disregard for the rights of others. The punitive damage standard requires a much higher degree of fault than simple negligence.... Continue Reading... ....
- Vessel Finance Update: Federal Law Controls Validity of a Preferred Ship Mortgage 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 vessel owner secondary to the lender asserting creditor’s rights against the vessel through a pre-existing security instrument. In one such dispute, lender, South Lafourche... Continue Reading... ....
- “Zone of Danger” Rule Applies to Emotionally Injured Passengers Under General Maritime Law within U.S. 1st Circuit; U.S. 5th Circuit Still Undecided by Tod J. Everage On February 12, 2017, a fishing charter boat, the M/V SUPER STRIKE, carrying several paying customers collided with an offshore service boat, the M/V MISS IDA, during a fishing trip. Claims were asserted by the passengers against both vessels and operators in their respective limitation suits. Recently, dispositive motions were filed... Continue Reading... ....
- Louisiana Policy Endorsement does not Contractually Expand Plaintiff’s Right to File Direct Action Against Insurers by R. Blake Crohan The EDLA recently determined that the Insurance Service Office’s (ISO) “Louisiana Changes” endorsement does not expand the scope of Louisiana’s direct action statute. In Menard v. Gibson Applied Technology and Engineering, 2017 WL 6610466 (E.D. La. Dec. 27, 2017), the plaintiff was a senior field technician working offshore in the Gulf... Continue Reading... ....
- International Trade Update: Himalaya Clause Covenant not to Sue Affords Immunity to Carrier’s Contractors By Stephen C. Hanemann In matters of international trade, a bill of lading often serves as the contract of carriage between a shipper and carrier for transportation of goods. A Himalaya clause is a provision contained in certain bills of lading protecting carrier’s servants, agents, and independent contractors from third-party claims by limiting shipper’s rights... Continue Reading... ....
