Legal Opinion

West v. Chevron U.S.A., Inc.

District Court, E.D. Louisiana

Decided August 8, 1985No. Civ. A. 84-1244, 84-5227PublishedCited by 7 opinions

1Opinion of the Court

OPINION

FELDMAN, District Judge.

Once again the Court plunges into the murky waters of choice of law—this time, to resolve whether Admiralty law or state law through the Outer Continental Shelf Lands Act applies to an accident on the Outer Continental Shelf off the Coast of Louisiana. If Admiralty law applies, then plaintiffs may sail smoothly on to pursue the merits of their case. If Louisiana law applies as surrogate federal law through the Lands Act, then plaintiffs have abruptly run aground. Prescription will bar their claims against Chevron.

This matter comes before the Court on Defendant…

2Cases cited15 opinions

  1. Executive Jet Aviation, Inc. v. City of ClevelandSupreme Court of the United States · 1972
  2. Foremost Insurance v. RichardsonSupreme Court of the United States · 1982
  3. Herb's Welding, Inc. v. GraySupreme Court of the United States · 1985
  4. Garland Wayne Kelly and Allen Eugene Kelly, Sr. v. J. C. Smith and Chicot Land Company, Inc.Court of Appeals for the Fifth Circuit · 1973
  5. Dearborn Marine Service, Inc. v. Chambers & KennedyCourt of Appeals for the Fifth Circuit · 1974

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3Cited by7 opinions

  1. Randall Ex Rel. Estate of Randall v. Chevron U.S.A., Inc.Court of Appeals for the Fifth Circuit · 1994
  2. Roger Taylor v. Kennedy Engine, Inc., Newman Crane ServiceCourt of Appeals for the Fifth Circuit · 1988
  3. Cerefino Coloma v. Director, Office of Workers Compensation ProgramsCourt of Appeals for the Ninth Circuit · 1990
  4. Solet v. CNG Producing Co.District Court, E.D. Louisiana · 1995
  5. Bonnette v. Shell Offshore, Inc.District Court, S.D. Texas · 1993

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