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Articles by Lance C. Bullock
Fifth Circuit Holds Master Services Contract To Provide Workers For Offshore Oil & Gas Platforms Governed By Louisiana-not Maritime-Law
Liskow & Lewis are most popular: within Strategy and Technology topic(s) The United States Court of Appeals for the Fifth Circuit recently affirmed a district court's partial grant of summary judgment holding a Master Services Contract ("MSC") was governed by Louisiana, rather than maritime, law. 1Because Louisiana law applied, the Louisiana Oilfield Indemnity Act ("LOIA") rendered the indemnity provision in the MSC unenforceable.
All Bark And No Bite: Middle District Finds Conclusory Intentional Tort Allegations Against Employer Insufficient To Prevent Removal On Improper Joinder Grounds - Professional Negligence - United States
Listen to this post On March 11, 2024, Liskow lawyers Kathryn Gonski and Melanie Derefinko secured the denial of a motion to remand on improper joinder grounds and the dismissal of an intentional tort claim against Methanex, a major Louisiana plant owner, in Knight v. Turner Industries Group, L.L.C., et al., No. 23-469 (M.D. La.).
All Bark and No Bite: Middle District Finds Conclusory Intentional Tort Allegations Against Employer Insufficient to Prevent Removal on Improper Joinder Grounds
On March 11, 2024, Liskow lawyers Kathryn Gonski and Melanie Derefinko secured the denial of a motion to remand on improper joinder grounds and the dismissal of an intentional tort claim against Methanex, a major Louisiana plant owner, in Knight v. Turner Industries Group, L.L.C., et al., No. 23-469 (M.D. La.).
All Bark and No Bite: Middle District Finds Conclusory Intentional Tort Allegations Against Employer Insufficient to Prevent Removal on Improper Joinder Grounds
On March 11, 2024, Liskow lawyers Kathryn Gonski and Melanie Derefinko secured the denial of a motion to remand on improper joinder grounds and the dismissal of an intentional tort claim against Methanex, a major Louisiana plant owner, in Knight v. Turner Industries Group, L.L.C., et al., No. 23-469 (M.D. La.).
USCG Issues First Guidance On Safer Seas Act Camera Requirements
Listen to this post On November 13, 2023, the U.S. Coast Guard published Policy Letter 23-05 which provides the first actual guidance for vessel owners and operators on the expectations for the surveillance equipment that they are required to install and maintain under the Safer Seas Act, which became law in December 2022 as part of the James M. Inhofe National Defense Authorization Act (NDAA) for Fiscal Year 2023. The requirement for surveillance equipment is codified in 46, U.S.C. § 4901.
USCG Issues First Guidance on Safer Seas Act Camera Requirements
On November 13, 2023, the U.S. Coast Guard published Policy Letter 23-05 which provides the first actual guidance for vessel owners and operators on the expectations for the surveillance equipment that they are required to install and maintain under the Safer Seas Act, which became law in December 2022 as part of the James M. Inhofe National Defense Authorization Act (NDAA) for Fiscal Year 2023. The requirement for surveillance equipment is codified in 46, U.S.C. § 4901.
Fifth Circuit Identifies Potential Conflict with Supreme Court on Jones Act Seaman Test | JD Supra
In Sanchez v. Smart Fabricators of Texas, LLC, 970 F.3d 550, a three-judge panel of the United States Fifth Circuit Court of Appeal held on August 14, 2020, that seaman status under the Jones Act may apply to an injured welder on a jack-up oil rig adjacent to an inland pier. Maintaining that the plaintiff qualified as a seaman under controlling Fifth Circuit precedent but questioning that precedent in light of Supreme Court case law, the panel urged the Fifth Circuit to review the case en banc.
U.S. Fifth Circuit Clarifies “Substantial Nexus” Test for LHWCA | JD Supra
In Mays v. Chevron Pipe Line Co., 2020 WL 4432025, a three-judge panel of the United States Fifth Circuit Court of Appeal held on August 3, 2020, that the Longshore Harbor Workers’ Compensation Act may apply to an injury in state territorial waters if there is a substantial nexus between an employee’s injury and his employer’s, both direct and statutory, extractive operations on the Outer Continental Shelf.
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