Larry Doiron, Inc., et al. v. Specialty Rental Tools & Supply, L.L.P., et al.

The United States Constitution extends judicial power to “all cases of admiralty and maritime jurisdiction.” U.S. Const. art. III, § 2, cl. 1. This Court has held it is paramount that federal maritime law governing the interpretation of contracts shall be uniform throughout the United States of America. Norfolk Southern Railway Co. v. Kirby, 543 U.S. 14 (2004); American Dredging Co. v. Miller, 510 U.S. 443, 451

1. (citing The Lottawanna, 88 U.S. (21 Wall.) 588, 575 (1875)). Louisiana precludes the enforcement of indemnity agreements in oil-field-related contracts, irrespective of the reference to, or the contemplation, use or necessity of, commercial maritime activity for their performance. La. Rev. Stat. § 9:2780. Disregarding this Court’s repeated admonitions that maritime law must be uniform and uniformly applied, the Fifth Circuit has created an exception to maritime law solely to accommodate the local anti-indemnity statute. The questions presented are:

2. Whether it runs afoul of this Court’s consistent, deeply-established, and binding precedents for the court of appeals to decline the uniform application of federal maritime law, including its choice of law rules, in order to give preference to a state’s parochial interests; and

3. Whether a downstream commercial maritime service provider whose services are utilized in the performance of a contract may rely on and enforce that contract under federal maritime law in a federal court sitting in admiralty. (i)