Justia U.S. 5th Circuit Court of Appeals Opinion Summaries

Great Lakes Dredge & Dock Company (Great Lakes) sought a letter ruling from the U.S. Customs and Border Protection (CBP) regarding the application of the Jones Act to its offshore wind farm project. CBP's initial ruling required Jones Act-qualified vessels for transporting scour protection rock from U.S. points to the Outer Continental Shelf (OCS). However, a modified ruling stated that the first delivery of rock to the OCS did not require a Jones Act-qualified vessel, but subsequent deliveries did. Great Lakes appealed this modified ruling, which CBP denied.Great Lakes then filed a lawsuit in the Southern District of Texas, claiming the modified ruling was contrary to law and would expose its planned Jones Act-compliant vessel to unlawful competition. The American Petroleum Institute (API) intervened, arguing that Great Lakes lacked standing as it had no actual or imminent injury. The district court agreed with API and dismissed the case, finding Great Lakes' injury hypothetical since it did not have a vessel capable of handling the Vineyard Project and no current contract for the project.The United States Court of Appeals for the Fifth Circuit reviewed the case. Great Lakes argued it had competitor standing due to the potential for increased competition from foreign vessels. However, the court found no evidence of actual or imminent increased competition, as the Vineyard Project was completed and there was no indication that future projects would source rock from U.S. points. The court also rejected CBP's argument that the ruling applied to identical future projects, as there was no record evidence of such projects involving U.S.-sourced rock.The Fifth Circuit affirmed the district court's judgment, concluding that Great Lakes lacked standing to challenge the CBP's modified ruling. View "Great Lakes Dredge v. Magnus" on Justia Law

A&T Maritime Logistics, Inc. had an insurance contract with RLI Insurance Company and a bareboat charter agreement with Alexis Marine, L.L.C. While operating the M/V Uncle John, a vessel owned by Alexis Marine, A&T Maritime caused the ship to allide with an embankment. Believing the damage to be minimal, A&T Maritime did not take immediate action. After a lawsuit was filed, RLI was notified of the claim. A&T Maritime and Alexis Marine sought defense and indemnification from RLI, which denied coverage under the insurance contract. The district court upheld RLI's denial of coverage on summary judgment, finding that RLI was prejudiced by the delayed notice.The United States District Court for the Eastern District of Louisiana initially denied A&T Maritime's and Alexis Marine's motions for partial summary judgment seeking reimbursement for defense costs, noting that the policy did not include a duty to defend. The Champagnes, who had purchased the damaged property, settled their claims for $200,000, funded solely by Alexis Marine. RLI then moved for summary judgment, arguing that the Uncle John was not covered under the policy. The district court disagreed but granted partial summary judgment to RLI, holding that the prompt notice requirements were breached and RLI was prejudiced.The United States Court of Appeals for the Fifth Circuit reviewed the case and affirmed the district court's decision. The court held that RLI was actually prejudiced by the delayed notice from both A&T Maritime and Alexis Marine, as the damage worsened over time and the opportunity to settle for a lower amount was lost. Consequently, the denial of coverage for both A&T Maritime and Alexis Marine was appropriate. The court also concluded that RLI had no duty to reimburse defense costs, as indemnification depended on coverage, which was voided due to the breach of the prompt notice requirement. View "A&T Maritime Logistics v. RLI Insurance Co." on Justia Law

Jon Willis, an employee of Shamrock Management, L.L.C., was injured while working on an offshore oil platform operated by Fieldwood Energy, L.L.C. The injury occurred when a tag line slipped off a grocery box being delivered by a vessel operated by Barry Graham Oil Service, L.L.C. Willis sued Barry Graham for negligence. Barry Graham then sought indemnification, defense, and insurance coverage from Shamrock and its insurer, Aspen, based on a series of contracts linking the parties.The United States District Court for the Western District of Louisiana denied Barry Graham's motion for summary judgment and granted Shamrock and Aspen's motion, ruling that Barry Graham was not covered under the defense, indemnification, and insurance provisions of the Shamrock-Fieldwood Master Services Contract (MSC). Willis's case was settled, and Barry Graham appealed the district court's decision on its third-party complaint.The United States Court of Appeals for the Fifth Circuit reviewed the case de novo. The court concluded that the MSC required Shamrock to defend, indemnify, and insure Barry Graham because Barry Graham was part of a "Third Party Contractor Group" under the MSC. The court also determined that the cross-indemnification provisions in the contracts were satisfied, and that the Louisiana Oilfield Anti-Indemnity Act (LOAIA) did not void Shamrock's obligations because Fieldwood had paid the insurance premium to cover Shamrock's indemnities, thus meeting the Marcel exception.The Fifth Circuit reversed the district court's judgment and remanded the case for further proceedings consistent with its opinion. View "Barry Graham Oil v. Shamrock Mgmt" on Justia Law

Centaur, L.L.C. entered into a Master Services Contract (MSC) with United Bulk Terminals Davant, L.L.C. (UBT) in 2015 to build a concrete containment wall at UBT's dock facility. River Ventures, L.L.C. provided vessel transportation for Centaur’s employees working on the project. Centaur employee Devin Barrios was injured while transferring a generator from a River Ventures vessel to a barge leased by Centaur. The district court found River Ventures 100% at fault for the accident and imposed a $3.3 million judgment. River Ventures and its insurer, XL Specialty Insurance Company, satisfied the judgment and subsequently brought breach of contract claims against Centaur under the MSC.The United States District Court for the Eastern District of Louisiana held a bench trial on the breach of contract claims. The court dismissed the claims, finding an ambiguity in the MSC regarding Centaur’s insurance procurement obligations. Specifically, the court found that requiring Centaur to procure a Protection & Indemnity (P&I) policy with crew/employee coverage would result in an absurd consequence due to potential duplicative coverage with the Worker’s Compensation policy.The United States Court of Appeals for the Fifth Circuit reviewed the case. The appellate court found that the MSC unambiguously required Centaur to procure a P&I policy that included crew/employee coverage. The court disagreed with the district court’s finding of absurdity, noting that mutually repugnant escape clauses in the Worker’s Compensation and P&I policies would result in both policies being liable on a pro rata basis. The appellate court also reversed the district court’s dismissal of the excess/bumbershoot breach of contract claim, as it was contingent on the P&I claim. The Fifth Circuit reversed the district court’s judgment and remanded the case for further proceedings consistent with its opinion. View "Centaur v. River Ventures" on Justia Law

Ultra Deep Picasso Pte. Limited (Ultra Deep) is a contractor specializing in undersea vessel operations for marine construction. Dynamic Industries Saudi Arabia Ltd. (Dynamic) subcontracted Ultra Deep for a project related to a contract with Saudi Aramco. Ultra Deep completed work worth over ten million dollars but alleged that Dynamic failed to pay, breaching their agreement. Ultra Deep filed a complaint in the Southern District of Texas, seeking breach of contract damages and a maritime attachment and garnishment of Dynamic’s funds allegedly held by Riyad Bank.The district court granted Ultra Deep an ex parte order for attachment of Dynamic’s assets at Riyad Bank. Dynamic responded with motions to dismiss for lack of personal jurisdiction, improper venue, and to compel arbitration, which were denied. Dynamic and Riyad Bank then moved to vacate the attachment order, arguing that Ultra Deep failed to show Dynamic had property in the Southern District of Texas. The magistrate judge held a hearing and found that Ultra Deep did not present evidence that Dynamic’s property was within the district. The district court adopted the magistrate judge’s recommendation, vacated the attachment order, and dismissed the case with prejudice.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court held that for a valid Rule B attachment, the property must be found within the district. It concluded that a bank account is located where its funds can be withdrawn. Since Ultra Deep failed to show that Dynamic’s property was within the Southern District of Texas, the court affirmed the district court’s decision to vacate the attachment order and dismiss the case. View "Ultra Deep Picasso v. Dynamic Industries Saudi Arabia Ltd." on Justia Law

A sub-subcontractor, Diamond Services Corporation, entered into a contract with Harbor Dredging, a subcontractor, to perform dredging work in the Houston Ship Channel. The prime contract for the project was awarded to RLB Contracting by the U.S. Army Corps of Engineers, and RLB obtained a surety bond from Travelers Casualty and Surety Company of America. During the project, unexpected site conditions, including the presence of tires, caused delays and increased costs. Diamond continued working based on an alleged agreement that it would be compensated through a measured-mile calculation in a request for equitable adjustment (REA) submitted by RLB to the Corps. However, RLB later settled the REA for $6,000,000 without directly involving Diamond in the negotiations and issued a joint check to Harbor and Diamond for $950,000.The United States District Court for the Southern District of Texas dismissed some of Diamond's claims, including those for unjust enrichment and express contractual claims against RLB, but allowed Diamond's quantum meruit claim to proceed. The court also denied Travelers' motion to dismiss Diamond's Miller Act claims but required Diamond to amend its complaint to include proper Miller Act notice, which Diamond failed to do timely. Subsequently, the district court granted summary judgment in favor of RLB and Harbor, dismissing Diamond's remaining claims and striking Diamond's untimely second amended complaint.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court affirmed the district court's summary judgment against Diamond's quantum meruit claims, holding that the express sub-subcontract covered the damages Diamond sought and that Diamond failed to provide evidence of the reasonable value of the work performed. The court also affirmed the dismissal of Diamond's Miller Act claim, as the damages sought were not recoverable under the Act. The court dismissed Diamond's appeal regarding the tug-expenses claim due to untimeliness. View "Diamond Services v. RLB Contracting" on Justia Law

Marek Matthews, a seaman and captain, filed a lawsuit against Tidewater, Inc. and Tidewater Crewing, Ltd., alleging that he was exposed to toxic chemicals during his employment, resulting in severe health issues including end-stage renal failure and stage IV cancer. Matthews, a Florida resident, claimed that the exposure occurred while working on offshore supply vessels in the Red Sea. His employment contract included a forum-selection clause mandating that any disputes be litigated in the High Court of Justice in London, England.Initially, Matthews and other plaintiffs filed the suit in Louisiana state court, asserting claims under the Jones Act and general maritime law. Tidewater removed the case to the United States District Court for the Eastern District of Louisiana and moved to dismiss it based on the forum-selection clause and, alternatively, for failure to state a claim. The district court granted the motion to dismiss on forum non conveniens grounds, finding the forum-selection clause valid and enforceable. Matthews's subsequent motion to reconsider the dismissal was denied.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court affirmed the district court's decision, holding that the forum-selection clause was enforceable. The court applied a de novo review to the enforceability of the clause and an abuse of discretion standard to the forum non conveniens analysis. It concluded that Matthews did not meet the heavy burden of proving the clause was unreasonable under the circumstances, despite his health conditions and Louisiana's public policy against such clauses. The court emphasized the federal policy favoring the enforcement of forum-selection clauses in maritime contracts, which outweighed the conflicting state policy. View "Matthews v. Tidewater" on Justia Law

The case revolves around Wapiti Energy, L.L.C. ("Wapiti"), the owner of a 155-foot tank barge, the SMI 315, which broke free of its moorings and ran aground in marshland owned by a third party during Hurricane Ida. The vessel was insured under a marine package policy issued by Clear Spring Property and Casualty Company ("Clear Spring"). The policy provided coverage for wreck removal expenses that are compulsory by law. After the incident, Wapiti incurred expenses in removing the stranded vessel from the marshland and sought reimbursement from Clear Spring. Clear Spring, however, moved for summary judgment, arguing that the removal of the SMI 315 was not compulsory by law, and thus, it was not obligated to reimburse the expenses.The United States District Court for the Southern District of Texas ruled in favor of Clear Spring, concluding that removal of the SMI 315 was not compulsory by law and dismissing Wapiti’s claims. Wapiti appealed this decision.The United States Court of Appeals for the Fifth Circuit reviewed the case and reversed the lower court's decision. The court concluded that the removal of the SMI 315 was compelled by the Louisiana possessory action, which made removal compulsory by law. The court reasoned that at the time of the incident, a reasonable owner would know that the barge stranded on a third party's property would expose them to a high probability of having to comply with an injunction mandating the removal of the vessel. Therefore, Wapiti's proactive removal of the vessel from the third party's marshland was warranted, and Clear Spring was obligated to reimburse the expenses. The case was remanded for further proceedings consistent with this opinion. View "Wapiti Energy v. Clear Spring Property and Casualty Co." on Justia Law

The case involves Kholkar Vishveshwar Ganpat, an Indian citizen, who contracted malaria while working as a crew member on a Liberian-flagged ship managed by Eastern Pacific Shipping Pte., Limited (EPS), a Singaporean company. Ganpat alleges that EPS failed to adequately provision the ship with antimalarial medication for its voyage to Gabon, a high-risk malaria area in Africa. Ganpat's illness resulted in gangrene, amputation of several toes, and a 76-day hospitalization. He filed a lawsuit against EPS in the United States, seeking relief under the Jones Act and the general maritime law of the United States. He also asserted a contractual claim for disability benefits.The district court initially deferred making a choice-of-law ruling. However, after discovery, the court ruled that the law of the United States (the Jones Act and general maritime law) governs Ganpat’s tort claims and claim for breach of the collective bargaining agreement. EPS appealed this decision.The United States Court of Appeals for the Fifth Circuit reversed the district court's decision. The appellate court disagreed with the district court's assessment of the Lauritzen-Rhoditis factors, which are used to determine whether maritime claims are governed by the law of the United States or the conflicting law of a foreign nation. The appellate court found that none of the factors that the Supreme Court has deemed significant to the choice-of-law determination in traditional maritime shipping cases involve the United States. The court concluded that Ganpat’s maritime tort and contract claims should be adjudicated under the substantive law of Liberia, the flag state of the ship on which Ganpat was working when he contracted malaria. The case was remanded for further proceedings consistent with this opinion. View "Ganpat v. Eastern Pacific Shipping" on Justia Law

This case revolves around a series of maritime accidents caused by the breakaway of a drillship, the DPDS1, owned by Paragon Asset Company, during Hurricane Harvey in Port Aransas, Texas. Paragon had hired two tugboats owned by Signet Maritime Corporation to keep the vessel moored to the dock during the storm. However, the DPDS1 broke from its moorings, collided with both Signet tugs, and ran aground in the Corpus Christi ship channel. It later refloated and collided with a research pier owned by the University of Texas.The district court found Paragon solely liable for the breakaway, applying maritime negligence law. It concluded that Paragon had unreasonably relied on inaccurate reports about the strength of its mooring system and failed to call for an evacuation when it was the prudent course of action. The court also found that Signet and Paragon were equally liable for the damages suffered by the University of Texas due to the failure of a third tug, supplied by Signet, to prevent the vessel's collision with the pier.Paragon appealed, arguing that the court should have applied a "towage law" standard of duty to Signet's services and contested the district court's rejection of a force majeure defense. Paragon also disputed the court's determination regarding which contract between the parties governed Signet's services.The United States Court of Appeals for the Fifth Circuit affirmed the district court's decision. It found no error in the application of maritime negligence law, rejected Paragon's force majeure defense, and agreed with the lower court's determination that Signet's Tariff governed the services provided during Hurricane Harvey. View "Paragon Asset v. American Steamship" on Justia Law