Category Archives: Contracts

Texas Supreme Court clarifies: When an MSA gives a party additional insured rights, the MSA can limit those rights

The litigation that seeped to the surface after the sinking of the Deepwater Horizon has not yet entered its cleanup phase, but today, the Texas Supreme Court issued a ruling that addresses one important part of it. Transocean and BP had a “knock-for-knock” contract, where Transocean agreed to defend and indemnify BP for injuries to … Read More »

Contractual language sticks: ‘bareboat charter’ language in contract precludes recovery from BP, despite allegations BP actually controlled details of the work

A recent decision by the U.S. Fifth Circuit highlights how clear language in a charter party can help preclude a charterer’s liability. In Barron v. BP America Production Co., 2014 WL 4851804 (5th Cir. Oct. 1, 2014), the U.S. Fifth Circuit Court of Appeals affirmed a dismissal of the plaintiff’s Jones Act, unseaworthiness, and general … Read More »

Jones Act Does Not Apply to Chinese National; Removal Proper under Federal Sovereign Immunities Act.

In Yu v. Dalian International Maritime Services Co., slip copy, 12-0707, 2012 WL 1932974 (E.D.La. 5/29/2012), plaintiff, a citizen of the People’s Republic of China, brought suit in Louisiana state court seeking damages for injuries sustained on Defendants’ vessel under the Jones Act or, alternatively, under Chinese law.  Defendants removed the case and Judge Berrigan … Read More »

Louisiana Appellate Court voids seaman’s release executed before first doctor visit, finding seaman lacked “full understanding and knowledge” of his rights.

In Rudolph v. D.R.D. Towing Company, LLC,  Mr. Rudolph, who worked for D.R.D Towing aboard the M/V RUBY E, allegedly sustained injuries when the M/V MARTIN CHALLENGER collided with his vessel.  — So.3d —, 2012 WL 1415135, No. 11-CA-1074(La.App. 5 Cir. 4/24/12).  Three days after the incident, before receiving medical treatment or legal advice, Mr. … Read More »

Fifth Circuit: Exculpatory clause on Vessel Owner’s website, Incorporated by reference in post-performance RSO, is binding on Ship Repairer under Course-of-Conduct Doctrine.

In One Beacon Insurance Co. v. Crowley Marine Services, Inc., a dispute arose among a ship repair contractor, barge owner, and insurance company over the terms of a ship repair service contract and marine insurance policy.  648 F.3d 258 (5th Cir. 2011).   A ship repair contract was formed between the vessel owner and the repair … Read More »