Legal Opinion
John B. Price, Jr. v. Norfolk and Western Railway Company
Court of Appeals for the Fourth Circuit
Decided April 9, 1980No. 78-1619PublishedCited by 16 opinions
1Opinion of the Court
WIDENER, Circuit Judge:
The plaintiff, John Price, was injured in the course of his employment with the defendant, Norfolk and Western Railway Company (N&W), and brought an action under the Federal Employers’ Liability Act (FELA), 45 U.S.C. §§ 51-60, against N&W to recover damages for his injury. The defendant moved to dismiss the case for lack of jurisdiction, arguing that the plaintiff was a longshoreman as defined in the Federal Longshoremen’s and Harbor Workers’ Compensation Act (LHWCA or the Act), 33 U.S.C. § 901 et seq., and therefore his exclusive remedy was for compensation under that…
2Cases cited6 opinions
- Northeast Marine Terminal Co. v. CaputoSupreme Court of the United States · 1977
- Nogueira v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1930
- Pennsylvania Railroad v. O'RourkeSupreme Court of the United States · 1953
- Newport News Shipbuilding & Dry Dock Co. v. GrahamCourt of Appeals for the Fourth Circuit · 1978
- Ivian M. Freeman v. Norfolk and Western Railway CompanyCourt of Appeals for the Fourth Circuit · 1979
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Graziano v. General Dynamics Corp.Court of Appeals for the First Circuit · 1981
- John F. Harmon v. Baltimore & Ohio RailroadCourt of Appeals for the D.C. Circuit · 1984
- Sea-Land Services, Inc., and Travelers Insurance Company v. Director, Office of Workers' Compensation Programs, and Haym Ganish, Real PartyCourt of Appeals for the Ninth Circuit · 1982
- Schwalb v. Chesapeake & Ohio Railway Co.Supreme Court of Virginia · 1988
- Stanley v. Western Maryland Railway Co.Court of Appeals of Maryland · 1984
11 more not listed; retrieve them via the Exa API.