Legal Opinion

Favorite v. Marine Personnel & Provisioning, Inc.

Court of Appeals for the Fifth Circuit

Decided March 12, 1992No. Nos. 90-3833, 91-3170PublishedCited by 9 opinions

1Opinion of the Court

E. GRADY JOLLY, Circuit Judge:

Clifton Favorite, a seaman aboard a privately owned vessel leased to the United States, sued his employer, who operated the vessél, for injuries suffered aboard the vessel. The questions we address are whether the two contracts between the United States and Favorite’s employer, first, rendered the vessel a public vessel and, second, rendered Favorite’s employer an agent of the United States. If so, Favorite’s sole remedy is against the United States, and the two-year, instead of the three-year statute of limitations in the Jones Act, applies to bar Favorite’s…

2Cases cited15 opinions

  1. Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
  2. John D. Williamson, Plaintiffs-Appellants-Cross v. Gordon G. Tucker, Defendants-Appellees-CrossCourt of Appeals for the Fifth Circuit · 1981
  3. Glus v. Brooklyn Eastern District TerminalSupreme Court of the United States · 1959
  4. Wilson v. Zapata Off-Shore Co.Court of Appeals for the Fifth Circuit · 1991
  5. James E. McCormick and Carol Ann McCormick Etc. v. United StatesCourt of Appeals for the Fifth Circuit · 1982

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3Cited by9 opinions

  1. Edward Arthur v. Maersk, Inc. D/B/A Maersk Line Ltd. Dyn Corp. Technical Services D/B/A Dyn Marine Services the United States of AmericaCourt of Appeals for the Third Circuit · 2006
  2. Roger Justice v. United StatesCourt of Appeals for the Eleventh Circuit · 1993
  3. Rashidi v. American President LinesCourt of Appeals for the Fifth Circuit · 1996
  4. Clifton Favorite v. Marine Personnel and Provisioning, Inc., Individually, and as Agent for Marine Transport Management Company, Inc., Clifton Favorite v. Marine Personnel and Provisioning, Inc.Court of Appeals for the Fifth Circuit · 1992
  5. Mark A. Mamer v. Apex R.E. & T., Doing Business as Apex Towing Co.Court of Appeals for the Eighth Circuit · 1995

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