On March 9, we sent out a Maritime Update about the case of Larry Doiron, Inc. v. Specialty Rental Tools & Supply, decided by the court on February 23. In that case, the court applied the current test of the Davis Factors to determine if a contract was maritime or not. Judge Gene Davis of the court suggested it was time for the 5th Circuit to re-visit the test for maritime contracts and to abandon the Davis Factors.
The 5th Circuit has now decided to take Judge Davis up on his request and the case will be heard en banc by the entire 5th Circuit court. Stay tuned for future updates on this important issue.