Legal Opinion
Messier v. Bouchard Transportation
Court of Appeals for the Second Circuit
Decided July 20, 2012No. Docket 10-5181-cvPublishedCited by 19 opinions
1Opinion of the Court
HALL, Circuit Judge:
Plaintiff-Appellant Richard Messier, a seaman, contracted lymphoma and sued his former employer, Defendant-Appellee Bouchard Transportation Co., Inc. (“Bouchard”), seeking maintenance and cure. 1 Undisputed evidence establishes that Messier had lymphoma during his maritime service. But it is also undisputed the disease did not present any symptoms at all until after his service. After concluding Messier’s lymphoma did not “manifest” itself during his service, the district court (McMahon, J.) granted summary judgment for Bouchard.
The first presentation of symptoms, however,…
2Cases cited26 opinions
- Vaughan v. AtkinsonSupreme Court of the United States · 1962
- Calmar Steamship Corp. v. TaylorSupreme Court of the United States · 1938
- Aguilar v. Standard Oil Co. of NJSupreme Court of the United States · 1943
- Lewis v. Lewis & Clark Marine, Inc.Supreme Court of the United States · 2001
- Farrell v. United StatesSupreme Court of the United States · 1949
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3Cited by19 opinions
- Brent Adkins v. Marathon Petroleum Co., LPCourt of Appeals for the Sixth Circuit · 2024
- Hicks v. Vane Line Bunkering, Inc.Court of Appeals for the Second Circuit · 2015
- McKinney v. American River Transp. Co.District Court, S.D. Illinois · 2013
- Rabenstein v. Sealift, Inc.District Court, E.D. New York · 2014
- Seemann v. Coastal Environmental Group, Inc.District Court, E.D. New York · 2016
14 more not listed; retrieve them via the Exa API.