And lo, as day follows night, every once in a while, victory follows defeat.
Who's an invitee? One with physical presence on the premises of another, for mutual benefit. You when you're in a store, or in a hotel. A vessel company tried to argue it was the invitee of a liftboat company because its vessel was working for the liftboat. What about 'on the premises?' It was close enough for a lift basket transfer. Why does it matter? If the company was an invitee, it's entitled to indemnity. If not, it is responsible for its own fault.
Happily, the district court agreed that the company isn't an invitee because it doesn't have physical presence on the premises of another. Close isn't good enough. The Fifth Circuit, in a brief opinion, affirmed.