In an important new en banc opinion, the Fifth Circuit has abandoned its historic criteria for determining whether a contract relating to servicing oil or gas drilling on navigable waters is controlled by maritime law in favor of a “simpler, more straightforward test.” See In re Larry Doiron, Inc., 879 F.3d 568, 569 (5th Cir. Jan. 8, 2018).
Historically, courts in the Fifth Circuit applied a six-factor test to determine whether a contract is governed by maritime law. As articulated in Davis & Sons, Inc. v. Gulf Oil Corp., 919 F.2d 313 (5th Cir. 1990), this six factor approach considered: (1) what the contract provides; (2) the actual work done by the crew; (3) whether the crew was assigned to work on a vessel in navigable waters; (4) the extent to which the work being done related to the vessel’s mission; (5) the principal work of the injured worker; and (6) the work the injured worker was actually doing at the time of the injury. Id. at 316. Continue reading Fifth Circuit Announces New Test to Determine if Certain Contracts for Services on Navigable Waters Are Maritime