Mr. DeMarcay joined the firm in 1998 and is a partner in the New Orleans office. He is licensed to practice law in Louisiana, Texas and Florida. His areas of practice are predominantly litigation based and include extensive experience in the areas of Commercial Litigation, Admiralty/ Maritime, Personal Injury, Products Liability, Transportation, Real Estate, Construction, Administrative Law and Corporate Law.

Mr. DeMarcay is a sought after writer and speaker on legal topics. He has written over thirty articles that have been published in maritime industry magazines. He has also given numerous presentations to audiences ranging from industry groups such as the Offshore Marine Services Association to his maritime lawyer peers at Tulane Law School’s admiralty law seminar.

Mr. DeMarcay received his B.A. from the University of Florida, M.B.A. from The George Washington University and his law degree from Loyola University. He is also a graduate of the Loyola Institute of Politics and a former board member of the Jefferson Chamber of Commerce where he was selected to participate in the Leadership Jefferson program. Prior to attending law school, Mr. DeMarcay served on the Washington based legislative staff of Congressman Jimmy Hayes.

Notable Cases

Ensco Offshore Company v. The United States Department of Interior
Counsel for Ensco & ATP Oil & Gas in an Administrative Procedure Act challenge to the U.S. Department of the Interior’s deepwater drilling moratorium and subsequent delays in issuing offshore drilling permits. The moratorium was withdrawn by the government, summary judgment was granted in plaintiffs’ favor on the delay claims and the government was preliminarily and permanently enjoined to act on the subject drilling permits within 30 days.

C-Innovation, LLC v. Norddeutsche Seekabelwerke GmbH (NSW)
Counsel for C-Innovation, an Edison Chouest Offshore subsidiary, in a products liability lawsuit against NSW (a German manufacturer of cables) for fraud, redhibition and products liability for the sale and manufacture of defective umbilical cables. Although previous counsel reported that C-Innovation did not have a claim, we aggressively pursued the claim on C-Innovation’s behalf. After weathering numerous motions to dismiss, motions for summary judgment and motions to strike filed by NSW, the claim was resolved on the eve of trial in C-Innovation’s favor with C-Innovation receiving a very significant award to compensate it for the purchase and use of the cables.

Carnival Corporation v. Entergy
Counsel for Carnival in a lawsuit against Entergy seeking the enforcement of a 1960’s permit that provided that certain power lines that crossed the Mississippi River could be raised to accommodate vessel traffic upon 24 hours notice. Entergy’s lines impeded the navigation of the M/V CARNIVAL CONQUEST, Carnival’s largest ship at the time. As a result of the litigation, Entergy removed low hanging power lines and the Port of New Orleans is now accessible to cruise operators’ largest vessels.

John W. Stone Oil Distributor v. Ernst & Young
Counsel for Stone Oil in an auditor negligence action against E&Y resulting from losses suffered from an embezzlement scheme conducted by a Stone employee. After a two-week arbitration, the arbitration panel awarded Stone the damages that it suffered after E&Y could have discovered the fraud.

Delton Coutee v. Global Marine Drilling Company
Counsel for Global Marine in a personal injury action where Mr. Coutee fell from a BOP stack and sustained significant injuries. After a week long trial, the Court issued a verdict in Global Marine’s favor dismissing Mr. Coutee’s claims. The Judgment was ultimately appealed to the Louisiana Supreme Court who upheld the District Judge’s decision.

Publications and Presentations

• Presented to the Offshore Marine Services Association - November 2013 - Managing Jones Act Personal Injury Litigation - The Vessel Owner's Perspective (Paper and Presentation)
• Marine News - September 2013 - Beyond Your Control: Minimizing Exposure
• Marine News - May 2013 - Managing Jones Act Personal Injury Litigation
• Marine News - April 2013 - Using Mediation to Eliminate Risk
• Marine News - February 2013 - Purchasing Equipment or Services - The Devil is in the Details
• Marine News - November 2012 - What Will You Do When a Spill Occurs?
• Marine News - July 2012 - Marine Insurance Pitfalls: Making sure that you are adequately covered
• Marine News - February 2012 - Punitive Damages in Maritime Cases
• Published and Presented at Tulane Law School - December 2011 - The Effect of Medicare Set-Asides on Settling Jones Act Personal Injury Cases
• Marine News - December 2011 - A Different Kind of Liability
• Marine News - October 2011 - Alternative Dispute Resolution Provisions
• Marine News - August 2011 - Implementing a Salvage Plan
• Marine News - June 2011 - The ABCs of MSAs
• Marine News - December 2010 - The Zone of Uncertainty: Seaman or Longshoreman?
• Marine News - October 2010 - Drilling Moratorium
• Marine News - July 2010 - Record Retention
• Marine News - April 2010 - Should Vessel Owners Deny Maintenance and Cure?
• Marine News - February 2010 - Deja Vu New Rules For Uninspected Towing Vessels?
• Marine News - December 2009 - Coast Guard Stability Regulation Reform
• Marine News - October 2009 - Texting Could Create Liability for Vessel Owners
• Marine News - September 2009 - Vessel Security: Can You Comply With Regulations?
• Marine News - July 2009 - Minimizing Your Liability for Environmental Incidents
• Marine News - May 2009 - The Government Made Me Do It
• Marine News - March 2009 - Don't Get Burned by a Poorly Implemented Training Program
• Marine News - December 2008 - Why it's Crucial to have Proper Crew Onboard
• Marine News - October 2008 - Marine Insurance - What Do You Really Need?
• Marine News - September 2008 - Settling with an Unrepresented Seaman
• Marine News - July 2008 - Limitation of Liability - A Good Deal If You Can Get It
• Marine News - May 2008 - Getting the Right Crew May Save You a Bundle
• Marine News - March 2008 - Proper Planning Can Minimize Liability
• Marine News - Feb. 2008 - Improve Your Fleet Using a Tax Free Exchange