Legal Opinion

Donald Gregory Linton v. Great Lakes Dredge & Dock Company and Steamship Mutual Underwriting Association (Bermuda) Ltd.

Court of Appeals for the Fifth Circuit

Decided June 22, 1992No. 90-4908PublishedCited by 39 opinions

1Opinion of the Court

E. GRADY JOLLY, Circuit Judge:

This case is an interlocutory appeal of the district court’s denial of Linton’s motion to remand the ease to state court. The district court based its denial of remand on grounds that the federal court had exclusive admiralty jurisdiction over Linton’s Jones Act and general maritime claims because he had elected, pursuant to a Louisiana statute, to try those claims to a judge instead of a jury. For the reasons discussed below, the order of the district court is reversed and the district court is directed to remand the case to the state court.

I

On January 9,1989,…

2Cases cited26 opinions

  1. Southern Pacific Company v. JensenSupreme Court of the United States · 1916
  2. The OsceolaSupreme Court of the United States · 1903
  3. Panama Railroad v. JohnsonSupreme Court of the United States · 1924
  4. Bailey v. Central Vermont Railway, Inc.Supreme Court of the United States · 1943
  5. Dice v. Akron, Canton & Youngstown RailroadSupreme Court of the United States · 1952

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3Cited by39 opinions

  1. Lewis v. Lewis & Clark Marine, Inc.Supreme Court of the United States · 2001
  2. Channon v. United Parcel Service, Inc.Supreme Court of Iowa · 2001
  3. Kevin Wingerter v. Chester Quarry CompanyCourt of Appeals for the Seventh Circuit · 1999
  4. In Re: Dale Chimenti, Lizabeth Chimenti, Joey Chimenti, and Stefanie ChimentiCourt of Appeals for the Sixth Circuit · 1996
  5. Ten Fong Craig, Individually and as Administratrix of the Estate of William Henry Craig Deceased v. Atlantic Richfield Co.Court of Appeals for the Ninth Circuit · 1994

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

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