Tag Archives: Fifth Circuit

January 8
2019

U.S. Supreme Court Resolves Circuit Split, Reverses Fifth Circuit, Regarding Who Decides Whether a Claim Belongs in Arbitration

By Tarush R. Anand – Shareholder, Houston, TX On January 8, 2019, the U.S. Supreme Court made an important ruling in the area of arbitrations. The issue before the Court was essentially this: When there is an arbitration clause in a contract, … Read full post…

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August 15
2018

U.S. Fifth Circuit’s New Maritime Contract Analysis

In states along the Gulf of Mexico, a longstanding issue for litigation revolves around the determination of whether contracts applicable to offshore oil and gas exploration should be categorized as falling under maritime law. This categorization determined whether federal law … Read full post…

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Posted in Maritime
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October 2
2013

Fifth Circuit: non-subscriber can’t always escape liability based on employee’s knowledge of defect; affirms summary judgment on gross negligence.

In Randy Austin v. Kroger Texas, L.P., Case No. 12-10772 (5th Cir. Sept. 27, 2013), the United States Court of Appeals for the Fifth Circuit held that a non-subscriber employer cannot escape liability based solely on an employee’s knowledge of … Read full post…

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Posted in Texas
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January 14
2013

Fifth Circuit: May A Court Dismiss A Petition to Confirm a Foreign Arbitration Award Based upon A Lack of Personal Jurisdiction?

  First Investment Corp. of the Marshall Islands v. Fujian Mawei Shipbuilding, Ltd., No. 12-30377 (5th Cir. Dec. 21, 2012).   Covington Marine Corp. v. Xiamen Shipbuilding Industry Co., No. 12-30383 (5th Cir. Dec. 21, 2012). These cases presented the … Read full post…

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Posted in Florida / Louisiana / Texas
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December 1
2012

Fifth Circuit (Louisiana): Technical Reservation of Rights Not Necessary and Delay in Asserting an Exclusion Does Not Waive It

Steadfast Insurance did not have coverage under its CGL policy for a collision involving a utility boat owned by its insured Harvest Oil because of a watercraft exclusion. Steadfast is a Zurich company, and Zurich also had policies covering Harvest. … Read full post…

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Posted in Coverage / Louisiana
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