Legal Opinion · Dissent

Grand Isle Shipyard Inc. v. SEACOR MARINE, LLC.

Court of Appeals for the Fifth Circuit

Decided December 10, 2009No. 07-31019Published

1Dissent

EMILIO M. GARZA, Circuit Judge,

with whom JENNIFER W. ELROD and LESLIE H. SOUTHWICK, Circuit Judges, join, dissenting:

We are asked to determine whether the Outer Continental Shelf Lands Act choice-of-law provision, 43 U.S.C. § 1333(a)(2)(A), requires application of the Louisiana Oilfield Indemnity Act to an indemnity agreement triggered by an injury to a platform worker that occurred on a vessel on the high seas. Pursuant to a “focus-of-the-contract” test, and directly contrary to the Supreme Court’s admonishment that Congress meant for situs to be determined by locale and not by the status of…

2Cases cited11 opinions

  1. Offshore Logistics, Inc. v. TallentireSupreme Court of the United States · 1986
  2. Rodrigue v. Aetna Casualty & Surety Co.Supreme Court of the United States · 1969
  3. Davis & Sons, Inc. v. Gulf Oil CorporationCourt of Appeals for the Fifth Circuit · 1991
  4. Hodgen v. Forest Oil Corp.Court of Appeals for the Fifth Circuit · 1996
  5. Smith v. Penrod Drilling Corp.Court of Appeals for the Fifth Circuit · 1992

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