Cases

BY THE COURT: A member of the court having requested a poll on the petition for rehearing en banc, and a majority of the circuit judges in regular active service and not disqualified having voted in favor, It is ordered that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs.<

569 F.3d 523 (2009) GRAND ISLE SHIPYARD, INC.; Gray Insurance Company, Plaintiffs-Appellees, v. SEACOR MARINE LLC, Defendant-Appellant. No. 07-31019. United States Court of Appeals, Fifth Circuit. May 26, 2009. Robert S. Reich, Reich, Album & Plunkett, L.L.C., Metairie, LA, for Plaintiffs-Appellees. Gary Alan Hemphill, Phelps Dunbar, New Orleans, LA, for

W. EUGENE DAVIS, Circuit Judge: I. The question presented by this appeal is what law governs the resolution of a contractual dispute, here enforceability of an indemnity provision, when the act or omission that causes the underlying death, bodily injury, or property damage (hereafter, the “tort”) which triggered the contractual indemnity claim occurred on navigable water on the Outer Continental Shelf (“OCS”

404 F.3d 871 Donald J. JOHNSON, Plaintiff,v.SEACOR MARINE CORP., et al., Defendants,SEACOR Marine Corp., Defendant-Third-Party Plaintiff-Appellee,v.Gray Insurance Co., et al., Third-Party Defendant,Gray Insurance Co., Third-Party Defendant-Appellant.Donald Fleming, Plaintiff,v.Grand Isle Shipyard, Inc., et al., Defendants,SEACOR Marine, Inc., Defendant-Third-Party Plaintiff-Appellant,v.Gray Insurance

JAMES O. BROWNING, UNITED STATES DISTRICT JUDGE *931THIS MATTER comes before the Court on: (i) Defendant Airswift Holdings Limited's Motion to Dismiss for Lack of Personal Jurisdiction and Brief in Support, filed November 8, 2017 (Doc. 7)("Motion"); (ii) the Plaintiffs' Motion to Stay Ruling Pending Jurisdictional Discovery o

LANCE M. AFRICK, UNITED STATES DISTRICT JUDGE The question is, what substantive law governs plaintiffs' case? BP Exploration and Production Inc. ("BP Exploration"), BP America Production Company ("BP America") (collectively, "the BP defendants"), and Bishop Lifting Products, Inc. ("Bishop") argue that Louisiana law applies to this negligence action, at least as to plaintiffs' tort claims against them.1

PER CURIAM: Defendant-Appellant Continental Insurance Co. (“Continental”) appeals the district court’s final judgment in favor of Plaintiffs-Appellees Tetra Technologies, Inc. (“Tetra”) and Maritech Resources, Inc. (“Maritech”), requiring Continental and its co-defendant insured, Vertex Services (“Vertex”), to indemnify them. 1

ORDER AND REASONS KURT D. ENGELHARDT, District Judge. Before the Court are: (1) a Motion for Summary Judgment on Third Party Demand, filed by third-party plaintiffs Tetra Technologies, Inc. and Maritech Resources, Inc. (Rec. Doc. 118); and (2) Continental Insurance Company’s Motion for Summary Judgment, filed by third-party defendant Continental Insurance Company (“Continental”), seeking to dismiss T

HANS J. LILJEBERG JUDGE |,In this breach of contract case arising from the repair of a motor vehicle after a collision, defendant appeals the trial court’s judgment rendered in favor of plaintiff. For the following reasons, we reverse and vacate the trial court’s judgment. FACTS AND PROCEDURAL HISTORY In March of 2008, plaintiff, Dean Stipp, purchased a 2008 Mercedes Benz SL550 (“the S

80 So.3d 703 (2011) Terry RIDEAUX v. KOHL'S DEPARTMENT STORES, INC. No. 11-914. Court of Appeal of Louisiana, Third Circuit. December 7, 2011. *705 Marcus Zimmerman, Attorney at Law, Lake Charles, LA, for Plaintiff/Appellee, Terry Rideaux. Antonio Le Mon, Attorney at Law, Covington, LA, for Defendant/Appellant, Kohl's Depa

ORDER LEE H. ROSENTHAL, District Judge. This case challenges the jurisdiction of the United States Chemical Safety and Hazard Investigation Board (“CSB”) to investigate the release of chemicals resulting from the May 2010 explosion and fire on the Deepwater Horizon drilling rig in the Gulf of Mexico at British Petroleum’s Ma-condo well. The United States petitions to enforce subpoenas the CSB iss

*880 OPINION AND ORDER MELINDA HARMON, District Judge. The Amended Original Complaint (instrument # 12) in above referenced cause alleges (1) breach of a Master Services Contract (“MSC”), and of Work Releases pursuant to it, to provide barges, tug boats, and other equipment to separate crude oil from water in Plaintiff BP Exploration & Produc

W. EUGENE DAVIS, Circuit Judge, Special Concurrence, joined by LESLIE H. SOUTHWICK. I concur in Judge Southwick’s careful opinion which faithfully follows our precedent in Davis & Sons1 and its progeny. I write separately to urge the court to take this case en banc and simplify the test for *611determining w

ORDER AND REASONS KURT D. ENGELHARDT, District Judge. Before the Court is a “Motion to Dismiss for Improper Venue under 12(b)(3) or, Alternatively, Motion to Compel Arbitration and Stay Proceedings Pending Arbitration” (Rec. Doc. 214), filed by defendants V Manpower Philippines (“V People”) and Pacific Ocean Manning Inc. (“POMI”). I. BACKGROUND: T

MEMORANDUM AND ORDER NANCY F. ATLAS, District Judge. TABLE OF CONTENTS I. BACKGROUND...........................................................241 II. STANDARD FOR SUMMARY JUDGMENT .................................242 III. DISCUSSION.............................................................243 A. Choic

LESLIE H. SOUTHWICK, Circuit Judge: *352 This appeal poses the question of whether a particular contract to plug and abandon three offshore oil wells is a maritime contract. The answer matters because it determines where to place financial liability for injuries to an employee of the contr

414 F.Supp. 788 (1976) John Holland MEREDITH v. A & P BOAT RENTALS, INC., et al. Civ. A. No. 74-3370. United States District Court, E. D. Louisiana. March 29, 1976. Richmond M. Eustis, William J. Hamlin, Benjamin R. Slater, Jr., New Orleans, La., for plaintiff. C. Gordon Johnson, Jr., William M. Miles, New Orleans, La., for defendant A & P. Law

GARWOOD, Circuit Judge: Before us are appeals and cross-appeals in personal injury and wrongful death damage suits against several manufacturers of asbestos-containing insulation products and some of their suppliers, the district court’s jurisdiction being based on diversity of citizenship and the governing substantive law being that of Texas. This is the same set of cases addressed in In re Fibreboard, 893 F.2d 706 (5th Ci

W. EUGENE DAVIS, Circuit Judge: This consolidated appeal presents the question of whether a labor contractor’s contract to hold harmless and indemnify a vessel operator for injuries, sustained by that contractor’s employees while riding on the operator’s vessel, is supported by consideration when the vessel operator owes a pre-existing duty to an oil company to transport those s

W. EUGENE DAVIS, Circuit Judge, joined by LESLIE H. SOUTHWICK, Circuit Judge, specially concurring: I concur in Judge Southwick’s careful opinion which faithfully follows our precedent in Davis & Sons1 and its progeny. I write separately to urge the court to take this case en banc and simplify the test for determining whether a contract is a maritim