Legal Opinion
Herbert A. Kelly v. Pittsburgh & Conneaut Dock Company
Court of Appeals for the Sixth Circuit
Decided April 10, 1990No. 89-3263PublishedCited by 7 opinions
1Opinion of the Court
RYAN, Circuit Judge.
Plaintiff Herbert A. Kelly appeals the district court’s order granting defendant’s motion for judgment on the pleadings which the court treated, however, as a motion for summary judgment, Fed.R.Civ.P. 12(c). The plaintiff sought damages under the Federal Employers’ Liability Act (FELA), 45 U.S.C. § 51 et seq., for injuries suffered in the course of his employment. The district court held that plaintiff is foreclosed from recovering damages under the FELA because his exclusive remedy is provided by the Longshore and Harbor Workers’ Compensation Act (LHWCA), 33 U.S.C. § 901…
2Cases cited14 opinions
- Southern Pacific Company v. JensenSupreme Court of the United States · 1916
- Northeast Marine Terminal Co. v. CaputoSupreme Court of the United States · 1977
- Reed v. the YakaSupreme Court of the United States · 1963
- Davis v. Department of Labor and Industries of Wash.Supreme Court of the United States · 1942
- Calbeck v. Travelers Insurance Co.Supreme Court of the United States · 1962
9 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Nelsen v. Research Corp. of the University of HawaiiDistrict Court, D. Hawaii · 1991
- Talik v. Federal Marine Terminals, Inc.Ohio Court of Appeals · 2006
- George R. Stowers v. Consolidated Rail CorporationCourt of Appeals for the Sixth Circuit · 1993
- George R. Stowers v. Consolidated Rail CorporationCourt of Appeals for the Sixth Circuit · 1993
- State Ex Rel. v. Indus. Comm.Ohio Court of Appeals · 2005
2 more not listed; retrieve them via the Exa API.