United States Fifth Circuit

In an action by a helicopter operation company against the oil company that retained Plaintiff arising out of a helicopter accident, the District Court's order granting partial summary judgment for both parties is affirmed in part, where the Outer Continental Shelf Lands Act rendered the indemnity provision of the parties' contract unenforceable; but reversed in part, where the Death on the High Seas Act does not apply to accidents "actually occurring" on an oil platform.

Appellate Information

• Decided 06/10/2009
• Published 06/10/2009

Judges

• EDITH BROWN CLEMENT, Circuit Judge:, Before SMITH, GARZA and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Edward S. Johnson (argued), Johnson, Johnson, Barrios & Yacoubian, New Orleans, LA, for AIG Ins. Co. and Omni Energy Services Corp., George B. Jurgens, III (argued), James Denman Bercaw, King, Krebs & Jurgens, P.L.L.C., New Orleans, LA, for W&T Offshore, Inc.