The United States Court of Appeals for the Fifth Circuit recently affirmed a district court’s partial grant of summary judgment holding a Master Services Contract (“MSC”) was governed by Louisiana, rather than maritime, law. 1Because Louisiana law applied, the Louisiana Oilfield Indemnity Act (“LOIA”) rendered the indemnity provision in the MSC unenforceable. Both the
In this episode of “Energy Law This Week,” hosts Matt Jones and April L. Rolen-Ogden are joined by Liskow maritime attorney Thomas Diaz to discuss significant legal updates in the energy sector, focusing on recent cases and developments in maritime and admiralty law.
Continue Reading Wells on the High Seas: Maritime Law and the Energy Industry
On February 13, 2025, the Federal Maritime Commission (“FMC”) issued its latest ruling in a saga concerning whether an ocean carrier’s assessment of detention and demurrage (“D+D”) charges during periods when equipment cannot be returned due to terminal closures constitutes an “unjust and unreasonable” practice in violation of the Shipping Act. See TCW, Inc. v. Evergreen Shipping Agency (Am.) Corp., Docket No. 1966(I) (FMC Feb 13, 2025).
Continue Reading The FMC’s Latest Ruling on Detention Charges: What it Means for Ocean Carriers
Liskow is proud to share a video from our new series “Beneath the Surface,” which introduces audiences to our nationally recognized Maritime Practice group and the faces behind The Maritime Law Blog.
Continue Reading Liskow Goes Beneath the Surface of Maritime Law: Get to Know the Authors
On September 12, 2024, in In re Live Life Bella Vita LLC, No. 23-55613 (9th Cir. Sept. 12, 2024), the Ninth Circuit joined the majority of circuits by holding that claims for indemnity and contribution are considered separate claims in the context of Limitation Actions, and thus, if a claimant wants to lift the federal court stay and proceed in state court, all claimants must execute a stipulation preserving the shipowner’s right to have the federal court determine limitation of liability.
Continue Reading Majority Rules: Ninth Circuit Joins in Treating Contribution and Indemnity Claims as Separate in Limitation Proceedings
On March 12, 2024, in Santee v. Oceaneering International, Inc. et al., the Court of Appeals for the Fifth Circuit issued a published opinion reaffirming the law on several issues that consistently arise in the maritime and oil and gas industries, and particularly associated with operations on the Outer Continental Shelf.
Continue Reading Factual & Legal Leaps Fall Flat: The Fifth Circuit Affirms that Plaintiff Was Not a Jones Act Seaman
Maritime law has many unique characteristics that differentiate it from state and federal law. One of these characteristics is the application of presumptions of fault, causation, and the condition of property, which shifts the burden of proof from one party to the other.
Continue Reading An Introduction to Maritime Law Presumptions
On October 30, 2023, the U.S. District Court for the Eastern District of Louisiana found that the rule established by the U.S. Supreme Court in Robins Dry Dock & Repair Co. v. Flint applied to the case at hand, barring claimants from recovering economic damages for deferred oil production.
Continue Reading Corporate Protection Pipeline: Court Denies Economic Damages Based on Robins Dry Dock