When Is a Contract Maritime and Why Is That Important?

Keith B. Letourneau

In the Fifth Circuit, for the longest time, deciding whether a contract was maritime involved assessing a litany of factors derived from the court’s Davis & Sons v. Gulf Oil Corporation case, specifically:

  1. “What does the specific work order in effect at the time of the injury provide? 
  2. What work did the crew assigned under the work order actually do? 
  3. Was the crew assigned to work aboard a vessel in navigable waters? 
  4. To what extent did the work being done relate to the mission of that vessel? 
  5. What was the principal work of the injured worker?
  6. What work was the injured worker actually doing at the time of injury?”
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