Chevron USA Inc. v. Aker Maritime Inc., 07-31117
In an action by Chevron to recover its costs resulting from the replacement of failed bolts in an oil production facility, judgment for plaintiff is affirmed in part where the evidence was sufficient for the jury to find defendant liable as an apparent manufacturer. However, the judgment is vacated in part where the cost of repairing a spar in the facility was not an "economic loss" under the Louisiana Products Liability Act, and thus plaintiff was not entitled to attorney's fees.
- Decided 04/27/2010
- Published 04/27/2010
- E. GRADY JOLLY, Circuit Judge:, Before JOLLY, BARKSDALE and PRADO, Circuit Judges.
- United States Fifth Circuit
- For Appellant:
- Laurence E. Best, Mark Edward Best (argued), Peter S. Koeppel, Best Koeppel Traylor, Susan R. Laporte, Curry & Friend, P.L.C., New Orleans, LA, for Aker Maritime, Inc., Technip Offshore Engineering, Inc., Technip Offshore Moorings, Inc. and Technip Offshore, Inc., Michael Anthony McGlone (argued), Michael John O'Brien, Jr., Kean, Miller, Hawthorne, D'Armond, McCowan & Jarman, L.L.P., New Orleans, LA, for Oceaneering Intern., Inc., Miles Paul Clements (argued), Paul C. Thibodeaux, Frilot, L.L.C., Louis Matthew Grossman, Michael Raudon Phillips, Kean, Miller, Hawthorne, D'Armond, McCowan & Jarman, L.L.P., New Orleans, LA, for Chevron USA, Inc., Andrew A. Braun, Daniel G. Rauh (argued), Gieger, Laborde & Laperouse, L.L.C., Heather M. Valliant, New Orleans, LA, for T-3 Custom Coating Applicators, Inc.