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 […]
Indemnity Agreement Not Inferred in Oilfield Contract Read More »
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
U.S. Fifth Circuit Refines Test for Maritime Contract Determination Read More »
An offshore floating tension leg platform is not a vessel, according to the U.S. Fifth Circuit’s recent decision in Baker v. Director, OWCP, 15-60634 (5th Cir. 8/19/16). The issue in Baker involved whether a worker injured during the construction of an offshore platform was entitled to benefits under the Longshore and Harbor Workers’ Compensation Act.
Offshore Floating Tension Leg Platform Not a Vessel Read More »
