United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 22-30582 ____________ FILED January 11, 2024 Jeremy Earnest Lyle W. Cayce Clerk Plaintiff,

versus

Palfinger Marine U S A, Incorporated,

Defendant—Appellant,

versus

Shell Oil Company,

Defendant—Appellee, _____________________

Patty Dupre, Individually and on behalf of minor child, D D; Gage Dupre,

Plaintiffs,

versus

Palfinger Marine U S A, Incorporated,

Defendant/Cross-Claimant/Third Party Plaintiff—Appellant,

versus Case: 22-30582 Document: 00517030638 Page: 2 Date Filed: 01/11/2024

Shell Oil Company

Defendant/Cross-Defendant—Appellee,

Shell Offshore, Incorporated; Shell Exploration & Production Company,

Third Party Defendants—Appellees, _____________________

Devin Marcel, Individually & on behalf of Gary Marcel Estate,

Plaintiff,

versus

Palfinger Marine U S A, Incorporated,

Defendant/Cross-Claimant/Third Party Plaintiff—Appellant,

versus

Shell Offshore, Incorporated,

Defendant/Cross-Defendant—Appellee,

Shell Exploration & Production Company; Shell Oil Company,

Third Party Defendants—Appellees, _____________________

Daniel J. Lebeouf, Jr.

Plaintiff,

versus

Palfinger Marine U S A, Incorporated,

2 Case: 22-30582 Document: 00517030638 Page: 3 Date Filed: 01/11/2024

Defendant—Appellant,

versus

Shell Oil Company,

Defendant—Appellee. ______________________________

Appeal from the United States District Court for the Western District of Louisiana USDC Nos. 6:20-CV-685, 6:20-CV-756, 6:20-CV-773, 6:20-CV-813 ______________________________

Before Southwick, Engelhardt, and Wilson, Circuit Judges. Leslie H. Southwick, Circuit Judge: Is a contract to inspect and repair lifeboats on an oil platform located on the Outer Continental Shelf a maritime contract? The answer matters because it affects whether indemnity might be owed by one corporate defend- ant to the other for payments to third parties. The district court held the contract was not a maritime one. We conclude it is. Further proceedings are necessary to determine whether indemnity must be paid. REVERSED and REMANDED. FACTUAL AND PROCEDURAL BACKGROUND This case arises from a tragic June 2019 accident when a lifeboat de- tached from an o