United States Fifth Circuit

In appeals arising from suits brought against a drilling company, in which the drilling company filed third-party claims against a contract labor provider seeking indemnity and defense, one appeal from summary judgment against the provider is dismissed for lack of jurisdiction as the underlying claim had not yet been resolved and thus the order was not appealable. However, because the other underlying claim at issue had settled, there was jurisdiction over that portion of the order, and summary judgment is affirmed as the district court properly found that maritime law applied, and under maritime law the indemnity provision was valid.

Appellate Information

• Decided 05/17/2007
• Published 05/18/2007

Judges

• BENAVIDES, Circuit Judge:, Before REAVLEY, DeMOSS and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• John L. Duvieilh (argued), Jones Walker, Baton Rouge, LA, Vanessa W. Servat, Jones Walker, New Orleans, LA, for DPR Intern., LLC., Frank E. Barber (argued), New Iberia, LA, for Maxum Services, Inc.