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Fifth Circuit Holds That Foreign Forum Selection Clauses Are Enforceable In Insurance Policy

The Energy Law

The following day, Noble House advised Underwriters at Lloyd’s, its insurer, of the casualty, whose policy allegedly covered the claim. Noble House purchased the policy from Underwriters by way of a Texas-based insurance broker in February 2018. This is the analysis the Court applied in the instant case of Noble House LLC v.

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

The Energy Law

Maintaining that the plaintiff qualified as a seaman under controlling Fifth Circuit precedent but questioning that precedent in light of Supreme Court case law, the panel urged the Fifth Circuit to review the case en banc. Enterprise Offshore Drilling LLC , 376 F.Supp. Enterprise Offshore Drilling LLC, 2019 WL 2515307 (Jun.

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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

The district court dismissed their case under Federal Rule of Civil Procedure 12(b)(6). Hercules Offshore, Inc., The district court dismissed their case under Rule 12(b)(6). 2] Here, this was not the case. Hercules Offshore, Inc., Hercules Offshore, Inc., See Barker v. 3d 208, 224 (5th Cir. Texaco, Inc.,

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The Fifth Circuit Rejects the DOJ’s Attempt to Charge Black Elk Contractors with OCSLA Felonies

The Energy Law

In 2010, Black Elk Energy Offshore Operations, LLC (“Black Elk”) owned and operated a production facility on the West Delta 32 Lease Block located in the Gulf of Mexico. In fact, the question of BSEE’s authority to issue civil penalties to offshore contractors is currently before the Fifth Circuit in Island Operating Co.,

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11th Circuit Finds Not All Disputed Medical Evidence Must be Construed in a Seaman’s Favor

The Energy Law

527 (1962) requires courts hearing maintenance and cure cases to construe disputed medical evidence in the seaman’s favor. On appeal, the Eleventh Circuit held that Vaughan does not require courts hearing maintenance and cure cases to construe all disputed medical evidence in the seaman’s favor. Supreme Court holding in Vaughan v.

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Highly Anticipated En Banc Fifth Circuit Opinion Reframes Maritime Contract Analysis

The Energy Law

The case called upon the court to determine whether a contract for performance of specialty services to facilitate the drilling or production of oil and gas on navigable waters is maritime in nature. In a highly anticipated ruling, the United States Fifth Circuit Court of Appeals issued its en banc decision in In re: Larry Doiron, Inc. ,

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SCOTUS Decides Dutra Group v. Batterton

The Energy Law

Today the United States Supreme Court issued its decision in this landmark case concerning punitive damages. 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.