Tag: OCSLA

• Maritime Casualty

  Fifth Circuit: Offshore Dispute Governed by Louisiana Law

  • May 2, 2016
  • By Allen & Gooch

  In Petrobras Am., Inc. v. Vicinay Cadenas, S.A., 815 F.3d 211 (5th Cir. 2016), the U.S. Fifth Circuit Court of Appeals recently analyzed whether maritime law or Louisiana law applied to an offshore dispute occurring on the outer continental shelf. The Petrobras case involved an underwater tether chain that broke after being installed in an […]

• Maritime Casualty

  5th Circuit Holds OCSLA and Louisiana Law Apply to Indemnity Dispute

  • July 1, 2013
  • By Allen & Gooch

  In Ace Am. Ins. Co. v. M-I, L.L.C., 699 F.3d 826 (5th Cir. 2012), the Fifth Circuit recently applied the Outer Continental Shelf Lands Act (OCSLA) and Louisiana law to an indemnity provision of a Master Services Agreement (MSA). Indemnity Under Master Service Agreement In Ace, two companies—M-I, L.L.C. (M-I) and British Petroleum (BP)—entered into […]

• Maritime Casualty

  U.S. Fifth Circuit Discusses Removal Of OCSLA Claims

  • March 25, 2013
  • By Allen & Gooch

  In a February 2013 opinion, Barker v. Hercules Offshore, Inc., 706 F.3d 680 (5th Cir. 2013), the U.S. Fifth Circuit Court of Appeals expounded on procedural issues involving removal of cases to federal court pursuant to the Outer Continental Shelf Lands Act (OCSLA), 43 U.S.C.A. 1331, et seq (West 2012). The opinion cleared up problematic issues of subject matter jurisdiction, […]

• Maritime Casualty

  US Supreme Court Uses “Substantial Nexus” Test to Determine Coverage

  • February 11, 2012
  • By John Hughes
  

  Circuit Split Resoved in Favor of “Substantial Nexus” In January 2012, the U.S. Supreme Court resolved a circuit split concerning the applicable standard for coverage under the Longshore and Harbor Workers Compensation Act (LHWCA) through the Outer Continental Shelf Lands Act (OCSLA) in Pacific Operators Offshore, LLP v. Valladolid, 132 S. Ct. 680 (2012). OCSLA […]