Remove 2014 Remove Insurance Remove Offshore
article thumbnail

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

The Energy Law

Hercules Offshore, Inc., 2014); Barker v. Hercules Offshore, Inc., 2014); Barker v. Hercules Offshore, Inc., See Barker v. 3d 208, 224 (5th Cir. Here, the court again left the question open, finding that the complaint failed to satisfy either the physical-injury test or the zone-of-danger test. 2021 WL 96168 at *2.

article thumbnail

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

The Energy Law

In August 2018, while working on a rig owned by Enterprise Offshore Drilling, LLC (“Enterprise”), Sanchez was injured when he tripped on a pipe welded to the deck. Enterprise Offshore Drilling LLC , 376 F.Supp. Enterprise Offshore Drilling LLC, 2019 WL 2515307 (Jun. He worked day shifts and returned home every evening.

Casing 40
Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

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 district court denied the defendant’s motion to strike the punitive damages claim; the Ninth Circuit affirmed. This decision set up a split in the circuits, because three years earlier the en banc Fifth Circuit in McBride v.

article thumbnail

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.

article thumbnail

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.