In Santee v. Oceaneering International, Inc., the Fifth Circuit determined that a technician for Remote Operated Vehicles (ROVs) on a drill ship, was not a seaman covered by the Jones Act but that his exclusive remedy for an...more
Under Federal Admiralty Law, Choice-of-Law Provisions in Maritime Contracts are Presumptively Enforceable -
A battle between federal maritime law and state insurance rules was decided today by the highest court when the...more
In a recent ruling, the United States Court of Appeals for the Fifth Circuit determined that an insurer owed no defense and indemnity to three strip clubs that had previously been sued for misappropriating the images of...more
The United States Department of the Interior published the final well control rule on Aug. 22 from the Bureau of Safety and Environmental Enforcement (BSEE). The rule clarifies blowout preventer (BOP) system regulations and...more
9/13/2023
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Outer Continental Shelf ,
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Regulatory Reform ,
Reporting Requirements ,
Safety Inspections
A couple of recent cases from the Eastern District of Louisiana provide useful guidance on the limits of maintenance and cure obligations.
Given that failure to pay maintenance and cure can give rise to a claim for...more
“Everything’s Bigger in Texas.” That has certainly been true of personal injury and wrongful death verdicts in recent years. But for how much longer?
The Supreme Court of Texas recently issued a ruling that may limit the...more
In ExxonMobil Corporation vs. National Union Fire Insurance Company, the Texas Supreme Court recently held that ExxonMobil was an additional insured under an umbrella policy procured by its subcontractor. Additionally, the...more
Louisiana experienced déjà vu in 2021 when Hurricane Ida inflicted damage to the southeastern part of the State similar to that experienced by citizens impacted by Hurricane Laura one year earlier and on the sixteenth...more
The “Duty to Defend” is a term of art used to describe an insurance company’s obligation to defend policyholders against claims made under a liability insurance policy. In the context of workplace injuries, a recent ruling...more
The last few years have brought unprecedented hurricane seasons in the Gulf South, with Louisiana’s coastal communities bearing much of the impact. Those storms brought property damage; that property damage brought insurance...more
In Central Boat Rentals, Inc. et al. v. M/V NOR GOLIATH, the Fifth Circuit once again considered what was a “necessary” provided to a vessel that gave rise to a maritime lien under the Commercial Instruments and Maritime...more
The United States Supreme Court is now poised to address a crucial issue relating to the extent to which offshore workers are covered by the Fair Labor Standards Act (FLSA) and related regulations. Earlier this month, the...more
A ruling from a federal court in Pensacola, Florida serves as a reminder to vessel owners (and their insurers) of the importance of having a detailed hurricane plan, prepared by a qualified individual, and implemented...more
In denying an en banc rehearing of Adams v. All Coast, LLC, the Fifth Circuit held that not all Jones Act Seamen are FLSA Seamen. In Adams, as we detailed in February, the Court had reversed a district court ruling finding...more
Hurricane Ida has now passed and many are still in damage assessment mode. What are the issues that are going to be facing maritime businesses and their insurers as we move forward? This update identifies some of the key...more
The Fifth Circuit has potentially opened the door for the misclassification of many common highly paid employees currently paid day-rate wages in the oil and gas industry. In Hewitt v. Helix Energy Solutions. Group., Inc.,...more
As we begin to assess the damage from historic Hurricane Ida, Adams and Reese’s Disaster and Recovery Team is here to assist you. The Firm has extensive experience handling a wide range of disasters, including hurricanes...more
The U.S. Fifth Circuit Court of Appeals sitting en banc recently rendered an important opinion for all employers of maritime workers who look to define their employees as either “seamen” or “other maritime workers.” In...more