Jackson v. Specialty Rental Tools & Supply, L.L.P.

W. EUGENE DAVIS, Circuit Judge.

We took this case en banc to consider modifying the criteria set forth in Davis & Sons, Inc. v. Gulf Oil Corp. for determining whether a contract for performance of specialty services to facilitate the drilling or production of oil or gas on navigable waters is maritime.1 After briefing and argument, the Court has decided to adopt a simpler, more straightforward test consistent with the Supreme Court’s decision in Norfolk Southern Railway Co. v. Kirby for making this determination.2

I. BACKGROUND

On October 12, 2005, Apache Corporation (“Apache”) entered into a…