Legal Opinion
Williams v. Wilmington Trust Co.
Court of Appeals for the Second Circuit
Decided September 25, 2003No. Docket Nos. 02-9452(L), 02-9455(XAP)PublishedCited by 5 opinions
1Opinion of the Court
KATZMANN, Circuit Judge.
It is the longstanding judgment of Congress that a sailor, once discharged from his vessel, must upon demand immediately be paid by the ship’s “owner,” absent some “substantial cause” for any delay in payment. 46 U.S.C. §§ 10313,10504 (2000). If such prompt payment is not made, the owner faces a statutory penalty of two days’ wages for each day it delays. Id. The plaintiff, Terry J. Williams, alleges that he demanded and did not receive timely payment for his work aboard the vessel M/V APL Korea (“the Korea”), and that the defendant, Wilmington Trust Company…
2Cases cited19 opinions
- Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
- Morissette v. United StatesSupreme Court of the United States · 1952
- Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
- Reed v. the YakaSupreme Court of the United States · 1963
- Leary v. United StatesSupreme Court of the United States · 1872
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3Cited by5 opinions
- Berry v. KerikCourt of Appeals for the Second Circuit · 2004
- Davis v. ReillyDistrict Court, E.D. New York · 2004
- Silva v. WardenSupreme Court of New Hampshire · 2003
- Pugh v. GoordCourt of Appeals for the Second Circuit · 2003
- Joseph Berry v. Bernard B. Kerik, Commissioner of New York City Department of Corrections, Joseph T. Berry v. Bernard B. Kerik, Commissioner of New York City Department of CorrectionsCourt of Appeals for the Second Circuit · 2004