Chevron USA, Inc. v. Aker Maritime, Inc., No. 11-30369 (5th Cir. 2012)
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Following a jury trial, Chevron USA, Inc. was awarded damages from Aker Maritime, Inc. and its subsidiaries, and from Oceaneering International, Inc. for the failure of small and inexpensive bolts used on an oil production and drilling facility. A bench trial was held on remand to consider remaining contractual claims. The district court ordered Oceaneering to pay indemnity and attorneys' fees to Aker. On appeal, Oceaneering sought to reverse those awards. The Fifth Circuit Court of Appeals affirmed, holding (1) Aker was an agent of Chevron under the parties' contract, and therefore, pursuant to the contract, Aker was entitled to indemnity; and (2) the district court did not abuse its discretion in awarding attorneys' fees to Aker.
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