Historically, the U.S. Bureau of Safety and Environmental Enforcement (BSEE) has issued Incidents of Non-Compliance (INC’s) to oil and gas lease holders on the Outer Continental Shelf for a variety of accidents, spills, and other incidents offshore. However, as a result of the events that led to the Deepwater Horizon explosion and the subsequent investigation,
Admiralty and Maritime
U.S. 5th Circuit: Plaintiffs Can Recover Only LHWCA Medical Benefits Paid, Not Billed
The U.S. 5th Circuit has finally weighed in on the application of the collateral source rule to Longshore benefits. Back in June, we discussed the latest case out of the EDLA discussing this issue. On November 17, 2016, the U.S. Fifth Circuit came to the same conclusion: a plaintiff may only recover the amount actually…
Admiralty and Navigable Water Bodies – Not Just Jurisdictional Issues
As fundamental as the concept of jurisdiction might be, it is often assumed to exist and therefore glazed over in a plaintiff’s petition or a defendant’s notice of removal. But jurisdiction is one of the foundational elements upon which our judicial systems, both state and federal, are built. Thus, it is a necessary element of…
EDLA Rules Plug and Abandon Contract is Maritime in Nature, Providing Indemnification to Platform Owner for Personal Injury Claims
In November 2016, the Eastern District of Louisiana again confronted the “marshland” involved in categorizing a contract as maritime or non-maritime. In In re: Crescent Energy Services, LLC, No. 15-819 (E.D. La. Nov. 7, 2016), the court held that a contract to plug and abandon a well in Louisiana waters was maritime in nature.…
OSHA Updates Safety Rules for Walking-Working Surfaces
On November 18, 2016, the Occupational Safety and Health Administration (“OSHA”) issued a final rule “revising and updating its general industry standards on walking-working surfaces to prevent and reduce workplace slips, trips, and falls, as well as other injuries and fatalities associated with walking-working surface hazards.” 81 Fed. Reg. 82494 (Nov. 18, 2016) . Regulations…
U.S. 5th Circuit Affirms Attorneys’ Fee Sanction Against Defendant for Abuse of Judicial Process at Trial of Admiralty Case
Nearly everyone who has practiced civil litigation long enough has experienced a case so meritless that allegations of frivolity and the need for sanctions are thrown around. Despite these feelings, the typical result is a simple dismissal of the case and the defendant footing the bill. Rarely are sanctions ever actually awarded against the frivolous…
BSEE Issues Safety Alert Regarding Connector and Bolt Failures
Multimillion dollar offshore drilling rigs and subsea drilling equipment can be rendered worthless if their most basic components, the nuts and bolts that hold them together, fail. Since 2013, investigators with the Bureau of Safety and Environmental Enforcement (“BSEE”) have been investigating why bolts used in subsea oil equipment have suddenly, and without warning, failed.…
EDLA Reminds That Maritime Liens Are Not Automatically Enforceable At Time Of Attachment… But There Are Exceptions
On August 10, 2016, the Eastern District of Louisiana reaffirmed that a maritime lien may attach to a vessel at the moment the necessaries are provided, but that the lien may not yet be enforceable until payment is due (i.e., the debt had matured). Thus, in the typical case, the amount of security necessary…
Decedents Who Are Neither Jones Act Seaman Nor Covered By The LHWCA Are “Nonseafarers”
In the recent case of In re Marquette Transp., No. 13-5114, 2016 WL 1695109 (E.D. La. 4/26/16), Judge Sarah Vance offered the latest comment on how a “seafarer” is defined by the landmark U.S. Supreme Court case of Yamaha Motor Corp. U.S.A. v. Calhoun, 516 U.S. 199 (1996).
In re Marquette arose out of…
U.S. 5th Circuit Affirms That Tension Leg Platforms (TLP’s) Are Not Vessels
Given the significantly better benefits available to an injured worker who qualifies under the Longshoreman and Harbor Workers’ Compensation Act (“LHWCA”) compared to a state workers’ compensation scheme, attorneys for injured workers are constantly trying to fit their client into the LHWCA to maximize their potential recovery. As a result, there is a steady availability…