United States Fifth Circuit

In an action seeking a declaration that defendant was not obligated to defend plaintiff in a personal injury suit involving an accident at sea, summary judgment for plaintiff is affirmed where: 1) Louisiana law applied because the parties' contract contemplated that a majority of the contractor's work would be performed on stationary platforms on the Outer Continental Shelf (OCS), and thus the OCS was the relevant "situs" for the purposes of the Outer Continental Shelf Lands Act; and 2) the Louisiana Oilfield Indemnity Act rendered the indemnity agreement at issue unenforceable.

Appellate Information

• Decided 12/09/2009
• Published 12/09/2009

Judges

• W. EUGENE DAVIS, Circuit Judge:, Before JONES, Chief Judge, and KING, JOLLY, DAVIS, WIENER, BARKSDALE, GARZA, BENAVIDES, STEWART, DENNIS, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICKand HAYNES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Robert S. Reich (argued), Reich, Album & Plunkett, L.L.C., Metairie, LA, for Plaintiffs-Appellees., Gary Alan Hemphill, Trial Atty. (argued), Phelps Dunbar, L.L.P., New Orleans, LA, for Defendant-Appellant.