Legal Opinion
Tonnesen v. Yonkers Contracting Co.
District Court, E.D. New York
Decided March 24, 1994No. CV 92-0722PublishedCited by 4 opinions
1Opinion of the Court
AMENDED MEMORANDUM AND ORDER
SEYBERT, District Judge.
This is an action brought pursuant to the Jones Act, 46 U.S.C.App. § 688 et seq., and the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. § 901 et seq., (“LHWCA”). The Court is exercising federal question jurisdiction. Defendant moves for summary judgment, arguing that there are no material facts in issue and that as a matter of law the barge on which plaintiff was injured was not a “vessel in navigation” as defined under the Jones Act or a “vessel” as intended by the LHWCA. Defendant thus argues that plaintiff has no cause of…
2Cases cited16 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- McDermott International, Inc. v. WilanderSupreme Court of the United States · 1991
- Victory Carriers, Inc. v. LawSupreme Court of the United States · 1971
- Victory Carriers, Inc. v. LawSupreme Court of the United States · 1972
- Southwest Marine, Inc. v. GizoniSupreme Court of the United States · 1991
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3Cited by4 opinions
- Nielsen v. Weeks Marine, Inc.District Court, E.D. New York · 1995
- Sala v. Gates Construction Corp.District Court, E.D. New York · 1994
- Ellison v. QuinnDistrict Court, District of Columbia · 2014
- Moran v. BatteyDistrict Court, District of Columbia · 2012