Justia Admiralty & Maritime Law Opinion Summaries

This case arose when one assisting tug allided with a bridge fender system and sank. The Fifth Circuit held that "tow" as used in Atlantic Specialty's policy was defined by its plain, ordinary meaning: a vessel that is provided auxiliary motive power by being pushed or pulled. A tug remains a tug when it is tugging (i.e., pushing or pulling), and a tow is a tow only when it is being towed (i.e., being pushed or pulled). In this case, because the MISS DOROTHY was not provided any extra motive power, it was not a tow. Therefore, Atlantic Specialty's policy did not apply. The court reversed the district court's application of the tort principle known as the "dominant mind" doctrine and rendered judgment in favor of Atlantic Specialty. View "Continental Insurance Co. v. L&L Marine Transportation, Inc." on Justia Law

The Fifth Circuit considered this case en banc to modify the criteria set forth in Davis & Sons, Inc. v. Gulf Oil Corp. for determining whether a contract for performance of specialty services to facilitate the drilling or production of oil or gas on navigable waters was maritime. The court adopted a simpler, more straightforward test consistent with the Supreme Court's decision in Norfolk Southern Railway Co. v. Kirby for making this determination. The court adopted a two-prong test to determine whether a contract in this context was maritime: First, was the contract one to provide services to facilitate the drilling or production of oil and gas on navigable waters? Second, if the answer to the above question was "yes," did the contract provide or do the parties expect that a vessel will play a substantial role in the completion of the contract? Applying the new test to this case, the court held that the contract was nonmaritime and controlled by Louisiana law, which barred indemnity. Accordingly, the court reversed the district court's grant of summary judgment for LDI and granted summary judgment for STS. View "Larry Doiron, Inc. v. Specialty Rental Tools & Supply" on Justia Law

After a longshoreman stepped through a hole in a decommissioned oil platform and fell 50 feet to his death, his spouse filed a negligence action against Manson. The platform sat atop a barge chartered by Manson, who ordered the hole's creation but did not cover the hole or warn of its existence. The district court granted summary judgment for Manson, finding no liability under any of the three Scindia duties: a turnover duty, a duty to exercise reasonable care in the areas of the ship under the active control of the vessel, and a duty to intervene. The Fifth Circuit reversed the district court's grant of summary judgment with respect to the duty to warn of hidden dangers. In this case, there was conflicting evidence regarding whether the hole was a hidden hazard, one a stevedore would not anticipate. Finally, the court held that this case fell outside the narrow caveat in West v. United States, 361 U.S. 118, 119 (1959). Accordingly, the court remanded for further proceedings. View "Manson Gulf, LLC v. Modern American Recycling Service, Inc." on Justia Law

After a tugboat collided with an oil-filled barge and caused 300,000 gallons of oil to spill in the Mississippi River, the United States filed suit against ACL, the statutorily-defined responsible party under the Oil Pollution Act (OPA), 33 U.S.C. 2704(a), seeking a declaration that ACL was liable for all removal costs and damages, and to recover costs that it incurred. The Fifth Circuit affirmed the district court's grant of summary judgment in favor of the United States and final judgment ordering ACL to pay the United States $20 million. The court held that ACL failed to establish that it was entitled to the third-party defense because the conduct that caused the spill occurred "in connection" with DRD's contractual relationship with ACL. The court also held, in the alternative, that ACL was not entitled to OPA's general limit on liability because DRD's conduct fell within the exception from limited liability for spills proximately caused by gross negligence, willful misconduct, or federal regulatory violations. View "United States v. American Commercial Lines, LLC" on Justia Law

The Fifth Circuit affirmed the district court's dismissal of the Outer Continental Shelf Lands Act (OCSCLA), 43 U.S.C. 1331 et seq., charges against the contractor defendants for failure to state an offense. The court assumed arguendo that section 1350(c) may expose contractors and subcontractors to criminal liability and held that the regulations did not apply to nor do they potentially criminalize defendants' conduct. The court also held that regulations that were specifically directed at lessees and permittees did not extend penalties to contractors and individuals; because the applicable regulatory definitions unambiguously exclude contractors, more general liability provisions did not control; and no prior judicial decision countenanced this action, which was at odds with a half century of agency policy. View "United States v. Moss" on Justia Law

Daewoo filed suit against AMT, seeking an order compelling AMT to arbitrate an attachment of pig iron, invoking both maritime attachment and the Louisiana non-resident attachment statute, La. Code Civ. Proc. art. 3542. After the district court's grant of Daewoo's attachment, TKM attached the same pig iron in Louisiana state court and intervened in the federal suit. The district court agreed with TKM and vacated Daewoo's attachment. The Fifth Circuit vacated, holding that Section 3502 allowed Daewoo to seek a Section 3542 attachment before commencing its confirmation proceeding, Daewoo followed Section 3502's requirements, and thus Daewoo's attachment was valid. The court remanded for further proceedings. View "Stemcor USA Inc. v. Cia Siderurgica do Para Cosipar" on Justia Law

GIC contracted with Freightplus to arrange for transport of a tugboat to Nigeria. Freightplus contracted with Yacht Path, who in turn contracted with IMC, as the vessel-operating common carrier. GIC filed suit against Freightplus when the tugboat did not discharge at the correct port, and Freightplus filed a third-party action against IMC. The court held that the non-vessel operating common carrier (NVOCC) and the vessel-operating common carrier (VOCC) relationship may give rise to a claim for maritime tort indemnity to the extent articulated in this case. Because the district court correctly determined that Freightplus was operating as an NVOCC and because its conclusion that IMC was negligent was not clearly erroneous, the court upheld its determination that IMC was liable to Freightplus. The court agreed with the district court's determination that Freightplus was not entitled to recover attorneys' fees from IMC. Because Freightplus has not demonstrated that IMC intended to release it from liability for the unpaid freight, the court affirmed the district court's judgment in this regard. Finally, the district court erred in barring IMC from proceeding against the tugboat in rem. Accordingly, the court reversed as to this issue and affirmed in all other respects. View "Gic Services, LLC. v. Freightplus USA, Inc." on Justia Law

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

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

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