Category - Energy


Indemnity Agreement Not Inferred in Oilfield Contract

Indemnity agreements will not be easily inferred in the absence of a written contract, the First Circuit Court of Appeal recently reminded. In Walton v. Guidry, 2017-0784 (La. App. 1 Cir. 1/4/18), responsibility for payment of benefits under the Longshore and Harbor Workers’ Compensation Act hinged on whether an indemnification agreement existed between the nominal …


U.S. Fifth Circuit Refines Test for Maritime Contract Determination

The U.S. Fifth Circuit recently announced a new, simpler test for determining whether a contract is maritime. Since 1990, the U.S. Fifth Circuit Court of Appeals has applied the multi-factor test found in Davis & Sons, Inc. v. Gulf Oil Corp., 919 F.2d 316 (5th Cir. 1990), in determining whether a contract is maritime and …