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Supreme Court Punts on Important Arbitrability Question

The Energy Law

Thus, “[g]iven the carve-out,” the court could not “say that the [agreement] evince[d] a ‘clear and unmistakable’ intent to delegate arbitrability” as to the carved-out claims. Archer & White Sales, Inc. Henry Schein, Inc. , 3d 274 (5th Cir. The Practical Impact of the Supreme Court’s Deferral of Resolution of this Arbitrability Issue. .

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

The Energy Law

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. Smart Fabricators of Texas (“SmartFab”) fabricates steel and repairs oil and gas drilling equipment. 1349(b)(1).

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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

In re Oil Spill by Oil Rig “Deepwater Horizon” in Gulf of Mex., 2019), appeal filed , No. They later brought suit against BP and several other defendants, alleging negligent infliction of emotional distress. The district court dismissed their case under Rule 12(b)(6). 20, 2010 , 452 F. 3d 455, 463 (E.D. M/V ARIS T , 427 F.

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Louisiana and Texas COVID-19 Stay-at-Home Orders and Effects on State Courts

The Energy Law

Day-to-day life has been dramatically impacted by the coronavirus disease 2019 (COVID-19), and many courts in Louisiana and Texas have been forced to close or limit operations in conjunction with stay-at-home orders. This article was updated on April 14, 2020. The orders also require all non-essential businesses to cease.