The Extent of Jurisdiction under OCSLA and the Right to Remove
The Extent of Jurisdiction under OCSLA and the Right to Remove
By: Jamie Johnson
Ronquille v. Aminoil Inc., Civil Action No. 14-164, 2014 WL 4387337 (E.D. La. Sept. 4, 2014)
Do operations conducted at the Shell Venice terminal including loading and unloading vessels and trucks to carry equipment and pipe from offshore locations constitute "operations" to invoke OCSLA jurisdiction and thus trigger the right of a defendant to remove? Judge Engelhardt of the Eastern District of Louisiana is of the opinion that part of the work performed by the plaintiff who was seeking damages for exposure to asbestos arose out of or in connection with OCS activities though the plaintiff was never working on an OCSLA facility. The Fifth Circuit has taken a broad view of OCSLA jurisdiction adopting the "but-for" test, that is, but for the OCSLA activities the incident would have occurred. Judge Engelhardt held that the removal of the suit from state to federal court was proper (relying also on Barker v. Hercules Offshore Inc., 713 F.3d 208, 213 (5th Cir.2013)) and denied the Motion to Remand. But, as he likely recognized the potential impact, he granted leave to the parties to certify the question to the Fifth Circuit Court of Appeals.
