Archives: Maritime, Oil & Insurance

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Supreme Court Holds State Wage and Hour Laws are Inapplicable to Offshore Drilling Platforms

On June 10, the United States Supreme Court issued an opinion holding that California’s wage-and-hour laws do not apply to workers on oil and gas platforms located in open water on the Outer Continental Shelf. In Parker Drilling Management Services, Ltd. v. Newton, offshore rig workers filed a class action asserting that their employer violated … Continue Reading

New U.S. Supreme Court Decisions Clarify the Courts’ Authority to Compel Arbitration

Commercial and employment agreements often include provisions requiring arbitration of disputes between the parties. Some of these agreements contain “delegation clauses” requiring the arbitrator (as opposed to a court) to decide whether the dispute is subject to arbitration. Despite such provisions, one party may sue the other because it perceives an advantage to proceeding in … Continue Reading

FIFTH CIRCUIT BEGINS TO CLEAN UP ITS JURISPRUDENCE ON HOW TO DETERMINE WHETHER A CONTRACT IS (OR IS NOT) MARITIME

After some thirty years of wrestling with the cumbersome six-part test set forth in Davis & Sons, Inc. v. Gulf Oil Corp.,[1] for determining whether a contract to perform services related to oil & gas exploration on navigable waters is maritime, the Fifth Circuit took up In re Larry Doiron, Incorporated[2] earlier this year in … Continue Reading

FBA Provides Update on Maritime Developments in New Orleans and the Lower Mississippi River Region

I attended a great meeting yesterday at the Port of New Orleans hosted by the FBA Admiralty Law Committee. Here are some bullets and takeaways, which are certainly of interest to anyone in the maritime industry along the lower Mississippi River.  I am especially grateful that the following people were able to speak with us: … Continue Reading

Highly Anticipated En Banc Fifth Circuit Opinion Reframes Maritime Contract Analysis

In a highly anticipated ruling, the United States Fifth Circuit Court of Appeals issued its en banc decision in In re: Larry Doiron, Inc., No. 16-30217 (5th Cir. Jan. 8, 2018).  The case called upon the court to determine whether a contract for performance of specialty services to facilitate the drilling or production of oil … Continue Reading

U.S. Fifth Circuit Affirms $20 Million Judgment Against Barge Owner as Responsible Party Under the Oil Pollution Act of 1990

Case:    United States v. American Commercial Lines, L.L.C., No. 16-31150, ___ F.3d ___ (5th Cir. 11/7/17). Factual Background In July of 2008, nearly 300,000 gallons of oil spilled into the Mississippi River in New Orleans when a tugboat towing an oil-filled barge veered across the river into the path of an ocean-going tanker.  American … Continue Reading
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