By Tod J. Everage

Contractual indemnities are important and valuable in the oil patch. When they are enforceable, they have the potential to end litigation completely or at least the financial burden for a particularly well-positioned indemnitee. But, with “anti-indemnity” statutes in play in several jurisdictions (including Louisiana), the enforceability of these indemnity provisions rely

By the Admiralty and Maritime Team

Yesterday, the U.S. Fifth Circuit Court of Appeals released its decision in USA v. Don Moss, et al., 2017 WL 4273427 (5th Cir. 2017) affirming the Eastern District’s ruling that oilfield contractors cannot be held liable for criminal violations of the Outer Continental Shelf’s Lands Act (OCSLA), 43

offshore-drilling

By R. Chauvin Kean

On March 17, 2016, the Obama Administration announced through the Bureau of Ocean Energy Management (“BOEM”) its newly proposed air quality emission regulations for offshore oil and gas activities. According to BOEM, the primary benefit of this rule is “to ensure that offshore facilities and operations are in compliance with the

offshore-drilling

By Sean McLaughlin

The U.S. Fifth Circuit issued a decision this week that addresses the murky question of what law applies to offshore incidents. It illustrates that the choice of law issue is not merely academic but has important real-world consequences. In this case it meant that a lawsuit for over $400,000,000 was given new

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By Tod J. Everage

In 1953, Congress passed the Outer Continental Shelf Lands Act (“OCSLA”), 43 U.S.C. 1333, et seq. to provide a set of “comprehensive choice-of-law rules and federal regulation to a wide range of activity occurring beyond the territorial waters of the states on the outer continental shelf of the United States.”

offshore-drilling

By Tod J. Everage

An offshore helicopter crash resulted in four lawsuits filed in the Eastern District of Louisiana that were eventually consolidated for all purposes. Three of the four plaintiffs properly asserted that their cases fell under admiralty jurisdiction and Federal Rule of Civil Procedure 9(h). FRCP 9 governs the pleading of special matters,