Petrobras America, Inc. v. Vicinay Cadenas, S.A.

Opinion on Rehearing

The panel hereby clarifies its previous opinion, Petrobras Am., Inc. v. Vicinay Cadenas, 815 F.3d 211 (5th Cir. 2016), as follows.

The holding announced in Part I of the panel’s opinion, concluding that the Underwriters did not waive their choice of law argument under the Outer Continental Shelf Lands Act (“OCSLA”), necessarily depended upon the unique statutory scheme created by OCSLA. Through OCS-LA, Congress legislated the trichotomy of federal law, state law, and residual maritime law for disputes arising on the Outer. Continental Shelf. See Rodrigue v. Aetna Cas. &…