2024 Supreme(US)(ca5) 446
COURT OF APPEALS FOR THE FIFTH CIRCUIT
Palfinger Marine U S A – Appellant
Versus
Shell Oil – Respondent
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