In the wake of a recent and markedly successful U.S.-China trade mission, the Office of the United States Trade Representative (“USTR”) has issued a formal notice suspending the actions and sanctions previously levied under Section 301 of the Trade Act. The USTR – at the direction of President Trump – first announced the proposed suspension
Some states, such as Louisiana, have restrictive statutes against contracting for defense and indemnity provisions. Under federal maritime law, however, these defense and indemnity provisions may be permitted. This distinction creates frequent tension in offshore injury lawsuits between the application of the bordering state law (which may prohibit defense and indemnity provisions) and the application
In offshore operations, whether a contract is deemed “maritime” has major consequences. The classification determines the application of either federal maritime law or state law, along with its oilfield or construction anti-indemnity statutes for states such as Texas or Louisiana. The difference often decides whether the defense, indemnity, and insurance-related obligations in the contract survive
In February of 2020, Great Lakes Dredge and Dock Company wrote to the U.S. Customs and Border Protection (“CBP”) requesting guidance on whether the Jones Act would work to protect their interests with regard to ongoing offshore wind construction efforts being undertaken off the coast of Martha’s Vineyard. Specifically, they wanted to know whether the
On April 13, 2021, the SEACOR Power, a 234-foot lift boat, encountered a powerful thunderstorm after departing Port Fourchon, Louisiana. The localized severe weather event produced heavy rain, 2- to 4-foot seas, and winds in excess of 80 knots. As the crew of the SEACOR Power attempted to lower the vessel’s legs to the
In maritime law, the “Act of God” defense – also known as force majeure – was once a reliable shield for operators facing liability after a natural disaster. If a storm, hurricane, or earthquake caused damage that no human skill could have prevented, the party could, in theory, escape legal responsibility. But in practice –
On July 16, 2025, the U.S. Coast Guard’s final rule to update cybersecurity requirements for U.S.-flagged vessels, Outer Continental Shelf (OCS) facilities, and facilities subject Maritime Transportation Security Act of 2022 (MTSA) begins to take effect. The final rule is codified at 33 C.F.R. § 101.600 et seq (“Rule”). In addition to other security regulations
In a case of first impression, the U.S. 5th Circuit recently held that the Louisiana Oilfield Anti-Indemnity Act (LOAIA) does not contain a universal well requirement.
Louisiana is only one of four states that has passed an oilfield anti-indemnity act. Enacted in 1981, the LOAIA renders “null, void and unenforceable” certain indemnification provisions in “agreement[s]
On May 1, 2024, the U.S. 5th Circuit reversed an Eastern District of Louisiana decision based on a differing interpretation and application of the Supreme Court’s Lauritzen-Rhoditis factors; holding that the law of the flag state governed the injured mariner’s maritime law claims against the vessel operator.
In Ganpat v. Eastern Pacific Shipping PTE, Ltd.
Back in March of 2023, the U.S. Supreme Court granted cert in the case of Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC (find our coverage of that grant here). Last week, the Court released its opinion in that case, a 9-0 decision in favor of the insurer-appellant. In short, the Court