Legal Opinion

Grantham v. Avondale Industries, Inc.

District Court, E.D. Louisiana

Decided September 24, 1991No. Civ. A. No. 90-1365PublishedCited by 2 opinions

1Opinion of the Court

MINUTE ENTRY

ARCENEAUX, District Judge.

A motion for summary judgment was filed by Avondale Industries, Inc. (“Avon-dale”) and submitted on the papers. The issue presented is whether the Louisiana Worker’s Compensation Law, La.Rev.Stat. 23:1032, insulates Avondale as a contractor from a claim for tort liability brought under diversity jurisdiction in federal court by the employee of a subcontractor who is covered by the Longshoremen and Harbor Workers’ Compensation Act (“LHWCA”).

This motion presents a Hobson’s choice for the Court because of the tension between Louisiana courts’ rules of…

2Cases cited11 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Sun Ship, Inc. v. PennsylvaniaSupreme Court of the United States · 1980
  3. Joe C. Mozeke and Lizzie B. Mozeke v. International Paper CompanyCourt of Appeals for the Fifth Circuit · 1988
  4. Lewis v. Modular QuartersLouisiana Court of Appeal · 1987
  5. Crater v. Mesa Offshore Co.Louisiana Court of Appeal · 1989

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3Cited by2 opinions

  1. Crystal B. Grantham, Wife and Fred C. Grantham, Jr. v. Avondale Industries, Inc., A/K/A Avondale Shipyards, Inc.Court of Appeals for the Fifth Circuit · 1992
  2. Grantham v. Avondale Industries, Inc.Court of Appeals for the Fifth Circuit · 1992

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