Legal Opinion

Noble Drilling, Inc., Plaintiff-Counter v. Albert Davis, Defendant-Counter v. Popich Brothers Water Transport, Inc., Counter

Court of Appeals for the Fifth Circuit

Decided September 15, 1995No. 94-41208PublishedCited by 10 opinions

1Opinion of the Court

DeMOSS, Circuit Judge:

This is an appeal from an interlocutory order approving a settlement in a Jones Act case. The order did not dispose of all of the intervenors to the action and the district court did not conduct a hearing to ensure that the seaman’s rights were protected. Therefore, after determining that we have jurisdiction to hear this appeal under the interlocutory exception for certain admiralty claims, 28 U.S.C. § 1292(a)(3), we VACATE the opinion of the district court and REMAND the case for a hearing as to the terms of the settlement and a disposition of all intervenors’ claims.

BA…

2Cases cited12 opinions

  1. Budinich v. Becton Dickinson & Co.Supreme Court of the United States · 1988
  2. Mid-South Towing Company v. Har-Win, Inc. v. Okc Corporation Liquidating TrustCourt of Appeals for the Fifth Circuit · 1984
  3. Deus v. Allstate InsuranceCourt of Appeals for the Fifth Circuit · 1994
  4. Cia Anon Venezolana De Navegacion v. Frank L. Harris and Pate Stevedoring Company, Inc.Court of Appeals for the Fifth Circuit · 1967
  5. Treasure Salvors, Inc. v. The Unidentified Wrecked And Abandoned Sailing Vessel, Etc.Court of Appeals for the Fifth Circuit · 1981

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

3Cited by10 opinions

  1. Southern Snow Manufacturing Co. v. Snowizard Holdings, Inc.District Court, E.D. Louisiana · 2013
  2. Kevin Wingerter v. Chester Quarry CompanyCourt of Appeals for the Seventh Circuit · 1999
  3. Isbrandtsen Marine Services, Inc. v. M/V Inagua TaniaCourt of Appeals for the Eleventh Circuit · 1996
  4. Diamond Services v. RLB ContractingCourt of Appeals for the Fifth Circuit · 2024
  5. Karim v. Finch Shipping Co.Court of Appeals for the Fifth Circuit · 2004

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

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