Latest Articles
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August 11, 2017
Fifth Circuit Reiterates that a Seaman under FLSA is Not Equivalent to a Jones Act Seaman and Review
On April 19, 2017, the Fifth Circuit in Halle v. Galliano Marine Serv., LLC issued on opinion reiterating that a “seaman” under the Federal Labor Standards Act (FLSA) is not equivalent to a Jones Act seaman, and decided an issue of first impression – whether remotely operated vehicle (ROV) technicians are seamen under the FLSA.
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August 11, 2017
Texas Supreme Court Reverses Lower Court, Holding That a Ship Unable to Engage in Self-Transportatio
Over a four-justice dissent, the Texas Supreme Court reversed the decision of the court of appeals and held that a drill ship undergoing a conversion was not a “vessel in navigation” for purposes of Jones Act seaman status.
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August 11, 2017
Fifth Circuit Sets Limits on Indemnity Obligations Where Indemnitor’s Contractual Performance is Com
In International Marine, L.L.C., et al. v. Integrity Fisheries, Inc., the U.S. Court of Appeals for the Fifth Circuit set limits on indemnity obligations when an indemnitor’s contractual performance is completely independent of another party’s negligent act.
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August 11, 2017
In July 2017, the Coast Guard released its changes to the Marine Safety Manual (MSM), Volume III, governing Marine Industry Personnel.
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July 13, 2017
Texas Supreme Court Holds an Insurance Company’s Attorney Billing is not Discoverable on the Reasona
Following two hail storms which struck Hidalgo County in 2012, insured homeowners sued various insurers and claims adjustors, alleging underpayment of property damage claims and asserting statutory, contractual, and extra-contractual claims.
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July 11, 2017
Indemnity? Insurance? Neither? Both? Fifth Circuit Denies Indemnity Claim but Remands for Determinat
A towing vessel damaged a Shell mooring line attached to a Shell a mobile offshore drilling unit in the Gulf of Mexico. After paying Shell’s damages, the towing vessel owner sued the owner of the assist towboat, claiming indemnity under the Master Service Agreement (“MSA”) between them.
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July 11, 2017
Atlanta Partner Seth Friedman and Associate Christopher Meeks obtained a ruling from the Georgia Court of Appeals that, absent very limited circumstances, third-party claimants do not have standing to bring a declaratory judgment action against an insurance company prior to obtaining a judgment against the insured.
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July 11, 2017
Louisiana Appellate Court Holds Exchange of Emails Between Attorneys Insufficient to Bind Settlement
On May 11, 2017, the First Circuit Court of Appeals upheld the lower court’s denial of a Joint Motion to Enforce Settlement filed by Plaintiffs and Defendants/Appellants/JR Logging Inc., Jerry Avants, Jr. and Indemnity Insurance Company of North America.
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