Articles Posted in US Court of Appeals for the Fifth Circuit

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This case involved an allision causing significant damage to a submerged moor line for a mobile offshore drilling unit used by Shell. Tesla, an offshore survey company, contracted with International to provide and operate the tow vessel. On appeal, International and Tesla challenged the district court's grant of summary judgment dismissing their indemnity and insurance claims. The Fifth Circuit held that a warning to Tesla's party chief that the tow vessel was moving too close to the moor line was a gratuitous act that had no effect on the outcome of the litigation. The court also held that none of the insurance policies were in the record nor was there any other evidence from which the policy language could be definitively discerned. Accordingly, the court vacated the district court's judgment as to Tesla's and International's insurance claims and remanded. View "International Marine, LLC v. Integrity Fisheries, Inc." on Justia Law

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Plaintiff filed suit against Offshore under the Jones Act, alleging maritime claims for negligence and unseaworthiness arising out of an alleged injury he suffered. The Fifth Circuit vacated the district court's grant of summary judgment in favor Offshore and remanded for reconsideration in light of the current Federal Rule of Civil Procedure 56, including whether the particular material to which objection was lodged can or cannot be presented in a form that would be admissible at trial. In this case, the district court relied on a prior version of Rule 56 and cases thereunder to discount the signed but unsworn report of Captain James P. Jamison. View "Lee v. Offshore Logistical & Transport" on Justia Law

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The Oil Pollution Act (OPA), as confirmed by the Act's legislative history, grants to an OPA Responsible Party the right to receive contribution from other entities who were partially at fault for a discharge of oil. Specifically, a Responsible Party may recover from a jointly liable third party any damages it paid to claimants, including those arising out of purely economic losses. In a suit arising from a collision of two barges, the district court found both Settoon and Marquette Transportation were negligent. The Fifth Circuit held that Settoon could receive contribution from Marquette for its payment of purely economic damages, i.e., for the cleanup costs. The court also held that the district court's apportionment of fault was not clearly erroneous. Accordingly, the court affirmed the judgment. View "In re: Settoon Towing, LLC" on Justia Law