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Nerco Oil & Gas, Inc. v. M.R. Friday, Inc.

Citations: 816 F. Supp. 429; 1993 U.S. Dist. LEXIS 3527; 1993 WL 89117Docket: Civ. A. No. 91-0460

Court: District Court, W.D. Louisiana; March 9, 1993; Federal District Court

Narrative Opinion Summary

This case involves a lawsuit filed by Nerco against M.R. Friday, Inc., and its insurers, regarding the breach of an indemnity agreement following an explosion at the Satellite #3 Compressor Station. Nerco sought indemnity from Friday for liabilities resulting from the incident, which involved injuries and property damage. Friday and its insurers contended that the indemnity claim was barred by the Louisiana Oilfield Anti-Indemnity Act (La.R.S. 9:2780). The court granted the defendants' motion for summary judgment, dismissing Nerco's claims, and denied Nerco's motion to strike the applicability of the Act. The court found that the activities performed by Friday were directly related to mineral production, falling within the scope of the Anti-Indemnity Act. The operations at Satellite #3, which included managing gas and oil production and waste product disposal, were deemed integral to the production process, thus barring the indemnity claim. The court's decision highlights the Act's role in protecting contractors from the risk of indemnifying principals for negligence in oilfield operations.

Legal Issues Addressed

Application of the Louisiana Oilfield Anti-Indemnity Act

Application: The court determined that the indemnity claim made by Nerco against Friday is barred by the Louisiana Oilfield Anti-Indemnity Act, as the activities at the Satellite #3 Compressor Station were directly related to mineral production.

Reasoning: Nerco acknowledged that M.R. Friday, Inc. was performing work related to the construction of a disposal system for waste products at the time of the accident, which was part of the production process for specific wells in the field.

Contractual Obligations and Indemnity Clauses

Application: The court found that the indemnity obligations undertaken by Friday in the contract with Nerco were negated by the Anti-Indemnity Act, as the activities were related to oil and gas production.

Reasoning: In this case, the agreement between Nerco and Friday involves supervision and labor for maintenance and repairs at Nerco’s unit facilities.

Summary Judgment Standards under Federal Rules

Application: The court granted summary judgment to the defendants, indicating that there was no genuine issue of material fact and that the defendants were entitled to judgment as a matter of law.

Reasoning: Summary judgment is only granted when the evidence, including pleadings and affidavits, demonstrates no genuine issue of material fact exists, and the moving party is entitled to judgment as a matter of law per Fed. R.Civ. P. 56(c).