5th Circ.'s New Maritime Contract Test Takes Shape

Law360 (August 20, 2018, 3:02 PM EDT) -- In February 2017, a Fifth Circuit panel issued a noteworthy ruling in In re: Larry Doiron Inc.,[1] where it addressed an issue that has long been a source of contentious litigation: What constitutes a “maritime” contract within the context of oil and gas services and operations? Whether a contract is “maritime” or “non-maritime” is often a crucial determination because it may affect the enforceability of indemnity and insurance obligations and the risk-shifting mechanisms of a contract.

Certain states, such as Texas and Louisiana, have anti-indemnity statutes that render some indemnity agreements void in “non-maritime” contracts; generally, those involving certain oil and...

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