Legal Opinion

Fillinger v. Foster

Supreme Court of Alabama

Decided January 27, 1984No. 82-297PublishedCited by 7 opinions

1Opinion of the Court

Plaintiff, Talmadge Franklin Foster, while working as a "shipfitter" at a land-based operation, but who was covered under the provisions of the Federal Longshoremen's and Harbor Worker's Compensation Act (LHWCA), 33 U.S.C. § 901-950, sued his co-employee for injuries he allegedly sustained while working on the job. The issue before the Court is whether the exclusivity provisions of the LHWCA bars the suit. We hold that the exclusivity provisions of the federal act are controlling, and we reverse and remand.

The injury which is the basis of this suit occurred at the Kaiser Aluminum and Chemical…

2Cases cited17 opinions

  1. Florida Lime & Avocado Growers, Inc. v. PaulSupreme Court of the United States · 1963
  2. Southern Pacific Company v. JensenSupreme Court of the United States · 1916
  3. Sun Ship, Inc. v. PennsylvaniaSupreme Court of the United States · 1980
  4. Thomas v. Washington Gas Light Co.Supreme Court of the United States · 1980
  5. Nacirema Operating Co. v. JohnsonSupreme Court of the United States · 1969

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3Cited by7 opinions

  1. Conrad Peter, in No. 88-3797 v. Hess Oil Virgin Islands Corp., in No. 88-3798Court of Appeals for the Third Circuit · 1990
  2. Hill v. KnappCourt of Appeals of Maryland · 2007
  3. Metropolitan Life Ins. Co. v. PotterSupreme Court of Alabama · 1988
  4. Bailey v. CollierSupreme Court of Alabama · 1985
  5. Rodriguez-Flores v. U.S. Coatings, Inc.Supreme Court of Alabama · 2013

2 more not listed; retrieve them via the Exa API.

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