Outer Continental Shelf Lands Act: Choice of Law; Contract Disputes

摘要

This case arises out of contractual arrangements among BP American Production Company (BP), Grand Isle Shipyard (Grand Isle), and Seacor Marine, LLC (Seacor). Grand Isle contracts with BP to repair and maintain fixed platforms on the Outer Continental Shelf (OCS). BP contracts with Seacor to provide marine transportation for workers employed by BP and BP's contractors. The relevant contracts include indemnity clauses that obligate Grand Isle and Seacor to indemnify each other against claims and losses arising from injuries to their employees. A Grand Isle employee is injured in a fall onboard a vessel owned and operated by Seacor. At the time of the accident, the vessel is transporting the employee from his work platform to the residential platform which contains his living quarters. The worker files suit against Seacor in federal court in Texas, asserting a claim for vessel negligence under the Longshore and Harbor Worker's Compensation Act. Seacor tenders its defense and indemnity to Grand Isle under its contract, seeking indemnity under the contract between Grand Isle and BP.