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USA Guide 2022

Ranked in 1 Practice Areas

About

Provided by Delos Flint, Jr.

USA

Practice Areas

Delos Flint, Jr. is a Shareholder in Lugenbuhl’s New Orleans office with a practice that includes both commercial and civil litigation in the maritime and energy sectors. His maritime industry experience includes the representation of drilling and service companies, blue and brown water vessel owners, barge lines, charterers, and insurers. Particularly related to his maritime practice, Mr. Flint has developed a specialty with DBA cases defending burn pit and PTSD claims. His longevity in the practice area and concern for his clients’ best interests have built strong relationships that repeatedly request his expertise.

In the energy sector, Mr. Flint has been involved in oil field exploration, major offshore casualties, personal injuries, as well as energy insurance, well blowout and control, loss of hole, production delay, and tank explosions. He also has experience in commercial litigation involving Defense Base Act claims, asbestos, breach of contract, products liability, and environmental law.

A graduate with honors from Dartmouth College, Flint received his Juris Doctor from Louisiana State University Law School in 1981.

Career

Established for over 35+ years, Flint is recognized in courts all along the Gulf Coast from Texas to Florida. Below are some of his representative matters:

- In 2019-2022, Flint successfully defended a series of DBA cases for AIG and its insureds including OT Training and Aegis Defense Services LLC. The courts found in favor of the employer and denied the claims of the claimants in their entirety.

- A maritime asbestos claim, the plaintiff filed suit alleging exposure to asbestos during repair work supervised by plaintiff at Quality Companies. The plaintiff also claimed to be exposed to asbestos during repairs on Tidewater Offshore vessels. Flint filed motion for summary judgement on the merits. flint prevailed as he was able to show no exposure regarding his clients. Case dismissed with prejudiced. Four cases involving twenty other parties (2020).

- Flint obtained a defense judgement in a claim for personal injuries brought pursuant to the Defense Base Act. The claimant applied for a government civil service position prior to working overseas in Gardez for a year. Several months after his resignation, the claimant filed a claim against his employer alleging he had developed PTSD due to the working conditions in Afghanistan. Defense was the claimant did not suffer from PTSD and was not exposed to working conditions that led to this condition. Instead the claimant had decided to return to the United States when his civil service position came available. Evidence of the overseas conditions described by co-workers, along with a psychologist who testified the claimant had exaggerated his symptoms and the credibility. The Administrative Law Judge denied the claim. The lowest settlement offer received from claimant prior to the formal hearing was for $775,000. (2019)

- A $100 million jack-up drilling rig, the ENSCO 74, was knocked off station in Hurricane Ike. Six months later a Norwegian oil tanker struck the remains of the rig over 100 miles away from her drilling site. Two vessels and five pipelines filed suit. Flint was able to argue in Houston Federal Court that Ensco had made a full good faith search for the missing rig and Ensco was absolved of all liability. In re Ensco 74 went up to the Appellate Court where Flint was affirmed. (2015)

- Modie Jordan brought a Jones Act claim in State Court in Mississippi alleging asbestos exposure. Flint won a summary judgment for Rowan Companies dismissing the claim with prejudice.

- Flint successfully defended claims by Nexen against Transocean and was able to collect $22 million for Transocean in a contractual dispute relating to the conclusion of the drilling contract and demobilization charges.

- In an action brought by Texaco against T.L. James, Inc. for $25 million for environmental cleanup costs from a pipeline oil spill, Flint was able to show the spud barge ALROAR did not strike and cause a 16” pipeline to rupture. The Court found the geometry of the dent did not result from the contact with a spud tip or crane bucket, and that the age of the dent was considerably older than the construction project as calcareous deposits had settled out into the dent. Texaco Trading & Transportation v. T.L. James, C.A. 98-1473 (E.D. La. 2003).

- Delton Coutee filed suit in state court in Lafayette against Global Marine Drilling Company for back injuries sustained aboard the drilling rig ADRIATIC II. The suit was tried and Judge Castle returned a defense verdict for Global Marine. The case was appealed and went up to the Louisiana Supreme Court, who affirmed the trial court’s decision.

- In Seth Becker v. Tidewater, Flint successfully defended ERT and R&B Falcon in a suit where a 22 year old engineer was sawn in half above the knees by a Baker Hughes coflex hose attached to the rig and a Tidewater vessel. In the jury trial Flint got ERT dismissed and R&B Falcon was cast in judgment for only 5%. The case was appealed, remanded to district court, where plaintiff elected a bench trial. Becker v. Tidewater, Inc., 405 F. 3d 257 (2005). In a limited second trial, Judge Richard Haik found Tidewater and Baker Hughes at fault. Flint’s client, Falcon was held free from fault.

Publications

- Southeastern Admiralty Law Institute Seminar, "Effects of Insolvency on Maritime Transactions and Rights" (2019), Co-presenter - Benjamin Kadden

- Southeastern Admiralty Law Institute Seminar, “Acts of God: From Cathedrals to the Courtroom” (2016)

- Maritime Legislative Developments, Proposed Changes, Congressional Hearings and DOSHA Overview, Arising From the Deepwater Horizon Casualty (Louisiana State Bar Association’s 18th Annual Admiralty Symposium, 2011)

- Ethics: SOP’s for SOB’s Redux – Southeastern Admiralty Law Institute, 2010

- History of the Defense Base Act Purpose, Scope and Coverage – Government Contractor International Risk Management Summit 2006

- Navigating the Reaches of East River - Revisiting the Supreme Court’s Products Liability Decision in East River Steamship Corp. v. Transamerica Delaval, Inc. - Southeastern Admiralty Law Institute 2005

- Dealing Professionally with the Unprofessional Adversary (SOP’s for SOB’S) - Southeastern Admiralty Law Institute 2000

- Indemnity and Contribution, Critical Issues for Discussion on the Eve of a New Century 1999 (Louisiana Bar Association)

- The International Lawyer, Admiralty and Maritime Law, Vol. 31 No. 2 1997 - The American Bar Association in Cooperation with the SMU School of Law

- University of San Francisco Maritime Law Journal Volume 8, No. 2. Current Developments in United States Maritime Lien Law - Spring 1996

Awards

Super Lawyers Recognition

Super Lawyers of Louisiana

2022

Best Lawyers, Admiralty and Maritime Law and Commercial Litigation

Best Lawyers in America

2022

Top Lawyers of Louisiana

New Orleans Magazine

2021

A/V Preeminent Rating

Martindale Hubbell

2022

Leadership in Law

New Orleans CityBusiness Magazine

Chambers Review

Provided by Chambers

USA

Transportation: Shipping/Maritime: Litigation (outside New York) - USA - Nationwide
3
Band 3

Delos Flint handles sophisticated shipping and maritime matters including charter party, cargo and environmental disputes.
"An exceptional maritime attorney."

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Transportation: Shipping/Maritime: Litigation (outside New York)

Delos Flint, Jr.
3
Delos Flint, Jr.
3
Band 3