Legal Opinion
Schwalb v. Chesapeake & Ohio Railway Co.
Supreme Court of Virginia
Decided March 4, 1988No. Record No. 841743; Record No. 850728PublishedCited by 6 opinions
1Opinion of the CourtPoff, J.
In this appeal, we review two judgments entered in separate actions, each sustaining a plea to the jurisdiction. Claiming damages for personal injuries, each plaintiff had invoked the Federal Employers’ Liability Act, 45 U.S.C. §§ 51-60 (1982) (FELA). In each appeal, the sole issue is whether the plaintiff was a statutory employee as defined in the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C. §§ 901-950 (1982) (LHWCA or the Act). If so, the parties agree that the remedy provided by the Act is exclusive, see 33 U.S.C. § 905(a) (1982), and that we should affirm the judgments.
Th…
2Cases cited13 opinions
- Southern Pacific Company v. JensenSupreme Court of the United States · 1916
- Knickerbocker Ice Co. v. StewartSupreme Court of the United States · 1920
- Northeast Marine Terminal Co. v. CaputoSupreme Court of the United States · 1977
- Washington v. W. C. Dawson & Co.Supreme Court of the United States · 1924
- Director, Office of Workers' Compensation Programs v. Perini North River AssociatesSupreme Court of the United States · 1983
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3Cited by6 opinions
- Chesapeake & Ohio Railway Co. v. SchwalbSupreme Court of the United States · 1989
- Decatur Federal Savings & Loan Ass'n v. GibsonSupreme Court of Georgia · 1997
- Bynum v. Norfolk Southern Ry. Co.Norfolk County Circuit Court · 2014
- Chesapeake & Ohio Railway Co. v. SchwalbSupreme Court of the United States · 1989
- Chesapeake & Ohio Railway Co. v. SchwalbSupreme Court of the United States · 1989
1 more not listed; retrieve them via the Exa API.