Legal Opinion

Hugo Rodriguez v. Flota Mercante Grancolombiana, S.A., Grancolombiana (New York), Inc.

Court of Appeals for the Ninth Circuit

Decided March 15, 1983No. 81-4455PublishedCited by 29 opinions

1Opinion of the Court

ALARCON, Circuit Judge:

Hugo Rodriguez, (Rodriguez) a seaman, appeals from the district court’s order dismissing his complaint brought under the Jones Act,1 and the general maritime law, to recover damages for injuries caused by his employer’s negligence. We must decide whether the facts establish that the court had subject matter jurisdiction.2 We conclude that the district court was correct in determining that it lacked subject matter jurisdiction under the Jones Act. Flota Mercante Grancolombiana, S.A., (Flota) is not an employer within the scope of the Jones Act. We reverse and remand for…

2Cases cited15 opinions

  1. Bell v. HoodSupreme Court of the United States · 1946
  2. Romero v. International Terminal Operating Co.Supreme Court of the United States · 1959
  3. Lauritzen v. LarsenSupreme Court of the United States · 1953
  4. Montana-Dakota Utilities Co. v. Northwestern Public Service Co.Supreme Court of the United States · 1951
  5. Hellenic Lines Ltd. v. RhoditisSupreme Court of the United States · 1970

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3Cited by29 opinions

  1. David A. Thompson v. Susan A. Thompson, AKA Susan A. ClayCourt of Appeals for the Ninth Circuit · 1986
  2. William E. Brock, Iii, Secretary of Labor, United States Department of Labor v. Writers Guild of America, West, Inc.Court of Appeals for the Ninth Circuit · 1985
  3. Eileen Anne Neely, in No. 93-2069 v. Club Med Management Services, Inc. Club Med Sales, Inc. Club Med, Inc., Third-Party Holiday Village (St. Lucia), Ltd. v. Joseph Lemaire, Third-Party Club Med Management Services, Inc. And Holiday Village (St. Lucia) Inc., in No. 93-2102Court of Appeals for the Third Circuit · 1995
  4. Santiago Pereira v. Utah Transport, Inc. And Utah Shippers, Inc.Court of Appeals for the Ninth Circuit · 1985
  5. Trentacosta v. Frontier Pacific Aircraft Industries, Inc.Court of Appeals for the Ninth Circuit · 1987

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