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Solana v. GSF Development Driller

Plaintiffs' primary contention on appeal is that their claims for salvage are governed by the International Convention on Salvage of 1989. Articles 6(1) and 17 of the Convention require the Court of Appeals to conclude that each of the plaintiffs had an agreement that forecloses a pure salvage claim. 5th U.S. Circuit Court of Appeals, No. 06-30930, 10-29-2009

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REVISED OCTOBER 30, 2009

Before HIGGINBOTHAM, SMITH, and OWEN, Circuit Judges.

Louis Solana and Brendan Lally commenced an action in admiralty against GSF Development Driller I, her engines, tackle, and apparel, in rem, and against GlobalSantaFe Drilling Co., GlobalSantaFe Corp., and GlobalSantaFe Hungary Services L.L.C. (collectively GSF), in personam. Solana and Lally asserted that they were entitled to recover, as pure salvors, at least ten percent of the value of a semi-submersible drilling unit. The district court granted summary judgment in favor of GSF. Although we agree with the district court that the facts of this case do not support a salvage award, the present record does not support the district court’s conclusion that, as a matter of law, the parties agreed that the plaintiffs would be compensated in the same manner that they had previously been compensated. We accordingly reverse the summary judgment and remand for further proceedings.

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