Comment by G. Roth Kehoe II
In response to intense lobbying by the oil services industry, the Louisiana legislature enacted the Louisiana Oilfield Indemnity Act. The Act attempts to remove a perceived inequity between oil companies and the oil services industry by declaring null and void any contract provision which indemnifies the oil company. While the text of the Act purports to limit its application to those contracts that relate to oil and gas wells, the jurisprudential gloss has expanded the Act to the point that it now affects nearly any contract in which an oil company is a party. This Comment explores the confusing jurisprudence and the ambiguous text of the Act. Furthermore, this Comment seeks guidance from the jurisprudence under Texas's nearly identical Oilfield Anti-Indemnity Act. Finally, the Comment formulates a test that limits the effect of the Act to its single stated goal.
About the Author
G. Roth Kehoe II. B.S. 1987, Washington & Lee University; J.D. Candidate 1996, Tulane Law School; M.B.A. Candidate 1996, A.B. Freeman School of Business, Tulane University.
Citation
70 Tul. L. Rev. 1097 (1996)