Fifth Circuit Upholds Danos Victory in Offshore Injury Dispute with Genesis Energy

Genesis Energy, L.P. v. Danos, L.L.C.

Background

On September 15, 2025, the U.S. Court of Appeals for the Fifth Circuit issued a unanimous opinion in Genesis Energy, L.P. v. Danos, L.L.C., affirming summary judgment in favor of Chaffe McCall client, Danos, L.L.C. The case arose from an offshore personal injury suit against Genesis Energy, the owner and operator of the Genesis Garden Banks 72 platform, brought by a Danos employee who was injured during a transfer from the platform to the chartered vessel Cheramie Botruc #41. Genesis then sought defense and indemnity from Danos under their master service agreement (MSA).

Chaffe McCall moved for summary judgment, arguing that:

• The MSA was not a maritime contract and therefore subject to Louisiana law under the Outer Continental Shelf Lands Act (OCSLA); and
• The indemnity provisions were invalid under the Louisiana Oilfield Anti-Indemnity Act (LOAIA).
  The district court held, and the Fifth Circuit affirmed, that the MSA was not a maritime contract. Under the OCSLA, Louisiana law applied, rendering the indemnity provision unenforceable under LOAIA.

Key Takeaways

• The Fifth Circuit’s decision significantly limits what constitutes a maritime contract in the context of offshore oil and gas operations.
• The ruling confirms that MSAs related to certain offshore operations fall under Louisiana law via OCSLA, reinforcing the applicability of LOAIA to invalidate indemnity provisions.
• This outcome strengthens protections for offshore contractors like Danos and their insurers by reducing exposure to broad indemnity claims. The Fifth Circuit emphasized that vessel functions such as housing workers, transporting equipment, or supplying fuel, even when helpful or “necessary, ”are insufficient to establish a maritime contract.

Chaffe McCall’s Role

Chaffe McCall served as lead counsel for Danos throughout the litigation and appeal and played a central role in securing this important victory. Partner Alex DeGiulio drafted and argued the motion for summary judgment, securing a favorable ruling at the trial level. He also authored the appellate briefing and argued before the Fifth Circuit, with support from Harold K. Watson, who attended oral argument. As a result, Chief Judge Elrod authored the unanimous opinion, affirming the dismissal of Genesis’s indemnity claim. This ruling represents a significant victory for Danos and its insurer and underscores Chaffe McCall’s strong track record in defending offshore contractors and energy clients in high-stakes litigation.