Legal Opinion
ADM/Growmark River System, Inc. v. Lowry
Court of Appeals for the Fifth Circuit
Decided December 5, 2000No. 99-30535PublishedCited by 20 opinions
1Opinion of the Court
BENAVIDES, Circuit Judge:
This case requires that we determine whether section 905(b) of the Long-shore and Harbor Worker’s Compensation Act (LHWCA) invalidates certain liability allocation provisions in an agreement between two vessel owners, one of which also employs a harbor worker injured on the job. After thoroughly considering the language of section 905(b), the legislative history of the statute, as well as the cases interpreting the provision, we conclude that Congress did not intend its prohibition of liability allocation agreements to protect dual capacity employers beyond the extent…
2Cases cited13 opinions
- Seas Shipping Co. v. SierackiSupreme Court of the United States · 1946
- Ryan Stevedoring Co. v. Pan-Atlantic Steamship Corp.Supreme Court of the United States · 1956
- Edmonds v. Compagnie Generale TransatlantiqueSupreme Court of the United States · 1979
- Jones & Laughlin Steel Corp. v. PfeiferSupreme Court of the United States · 1983
- Cooper Stevedoring Co. v. Fritz Kopke, Inc.Supreme Court of the United States · 1974
8 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Acara v. BanksCourt of Appeals for the Fifth Circuit · 2006
- United States v. Samuel Saldana, Jr., United States of America v. Saul SaldanaCourt of Appeals for the Fifth Circuit · 2005
- Johnson v. DIVERSICARE AFTON OAKS, LLCCourt of Appeals for the Fifth Circuit · 2010
- In Re Complaint of Holly Marine Towing, Inc., Owner of the Barge Hmt 7, for Exoneration From or Limitation of LiabilityCourt of Appeals for the Seventh Circuit · 2001
- Baylor Health Care System v. Employers Reinsurance Corp.Court of Appeals for the Fifth Circuit · 2007
15 more not listed; retrieve them via the Exa API.