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Supreme Court Punts on Important Arbitrability Question

The Energy Law

2014), another case involving an arbitration clause which incorporated the AAA rules and explicitly exempted certain claims from arbitration. Therefore, litigants and practitioners in the Fifth Circuit should continue to look to the Fifth Circuit’s decision for guidance in determining “who” decides whether a claim is arbitrable.

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SCOTUS Decides Dutra Group v. Batterton

The Energy Law

2014) held that punitive damages were not available under the rationale of an earlier Supreme Court case, Miles v. The six justices in the majority opinion reversed the Ninth Circuit and resolved a circuit split on this issue. Justice Ginsburg dissented, joined by Justices Breyer and Sotomayor. A hatch blew open and crushed his hand.

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Riding to the Danger Zone: U.S. Fifth Circuit Panel Considers the Zone-of-Danger Test for Maritime Emotional Distress

The Energy Law

2014); Barker v. In In re Deepwater Horizon , No. 20-30300, 2021 WL 96168, a three-judge panel of the U.S. Fifth Circuit Court of Appeal held that fishermen who intentionally came upon the scene of the wreckage of the Deepwater Horizon failed to state a claim of negligent infliction of emotional distress under general maritime law.

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Department of Interior Proposes New Financial Assurance and Decommissioning Regulations

The Energy Law

The path to this Proposed Rule has been long and winding, beginning in 2014 with BOEM resisting making changes through formal notice and comment rulemaking pursuant to the Administrative Procedures Act, and instead continuing to regulate this issue through Notice to Lessee (“NTL”) guidance documents.

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Fifth Circuit Identifies Potential Conflict with Supreme Court on Jones Act Seaman Test

The Energy Law

Smart Fabricators of Texas, LLC , 970 F.3d 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. Gilbert Sanchez, a welder-fitter employed by SmartFab, never went to sea on vessels.

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Department of Interior Proposes New Financial Assurance and Decommissioning Regulations

The Energy Law

The path to this Proposed Rule has been long and winding, beginning in 2014 with BOEM resisting making changes through formal notice and comment rulemaking pursuant to the Administrative Procedures Act, and instead continuing to regulate this issue through Notice to Lessee (“NTL”) guidance documents.