Legal Opinion
Oberlee Jenkins v. McDermott Inc. And Tad Technical Services, Inc.
Court of Appeals for the Fifth Circuit
Decided June 14, 1984No. 83-3425PublishedCited by 12 opinions
1Opinion of the Court
TATE, Circuit Judge:
This tort suit, based upon diversity jurisdiction, was dismissed upon the district court’s holding that the plaintiff’s injuries, sustained at work, were covered by the state workers’ compensation act and barred by a provision thereof. We reverse. We find that under Thornton v. Brown & Root, Inc., 707 F.2d 149 (5th Cir.1983), cert. denied, — U.S. -, 104 S.Ct. 735, 79 L.Ed.2d 194 (1984), which was decided subsequent to the decision of the district court, the factual showing made for summary judgment does not exclude coverage of Jenkins’ injury by the Longshoremen’s and…
2Cases cited14 opinions
- Northeast Marine Terminal Co. v. CaputoSupreme Court of the United States · 1977
- Calbeck v. Travelers Insurance Co.Supreme Court of the United States · 1962
- Sun Ship, Inc. v. PennsylvaniaSupreme Court of the United States · 1980
- Edward L. Lowe v. Ingalls Shipbuilding, a Division of Litton Systems, Inc.Court of Appeals for the Fifth Circuit · 1984
- William Pippen, Jr. v. Shell Oil Company and Inland Well Service, Inc., Third-Party v. Superior Electric Wireline Corporation, Third-PartyCourt of Appeals for the Third Circuit · 1981
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Bernadette Aaron v. National Union Fire Insurance Company of Pittsburg, Pennsylvania, Intervenor-Appellant v. American Home Insurance Group, and Lake Charles Stevedores, Inc.Court of Appeals for the Fifth Circuit · 1989
- Tommy Lynn Weathersby v. Conoco Oil Company, Conoco Oil Company v. Global Marine, and National Supply CompanyCourt of Appeals for the Fifth Circuit · 1984
- 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
- Lewis v. Modular QuartersLouisiana Court of Appeal · 1987
- Crater v. Mesa Offshore Co.Louisiana Court of Appeal · 1989
7 more not listed; retrieve them via the Exa API.