Phoenix Labor Group, LLC has filed a Complaint for Declaratory Judgment against Tampa Ship, LLC in the United States District Court, Eastern District of Louisiana. The case ID is 2:24-cv-00896-LMA-KWR and it was filed on April 10, 2024. The lawsuit revolves around a dispute concerning contractual defense and indemnity claims made by Tampa Ship against Phoenix Labor Group.
The dispute originates from a demand made by Tampa Ship for Phoenix to provide defense and indemnity in a case involving Bivinski James Freeman. Freeman had filed claims against Tampa Ship in the Thirteenth Judicial Circuit for Hillsborough County, Florida. Phoenix argues that they do not owe Tampa Ship defense and indemnity under the Chouest Master Access Agreement.
Phoenix Labor Group, primarily a labor staffing company, hired Mr. Freeman on January 10, 2020 to work for Anchor Sandblasting and Coatings, LLC., not Tampa Ship. Phoenix asserts that while Mr. Freeman was their employee, he was under the operational control of Anchor at all times.
Phoenix seeks declaratory judgment stating that they are not obliged to provide contractual defense and indemnity to Tampa Ship under the circumstances of the Freeman Litigation.