Legal Opinion

Hubert Garrie v. James L. Gray, Inc., and Texaco Inc.

Court of Appeals for the Fifth Circuit

Decided October 24, 1990No. 89-4815PublishedCited by 28 opinions

1Opinion of the Court

JERRY E. SMITH, Circuit Judge:

We are asked to create a new exception to the employment at will doctrine by expanding 46 U.S.C. § 2114, which forbids retaliation against “whistleblower” seamen who report or are about to report safety violations to the Coast Guard, in order to protect those who merely make inquiries of the Coast Guard but do not report a violation or file a formal complaint. Because we conclude that such a result is foreclosed by the plain meaning and evident purpose of the statute, as well as by our recent decision in Feemster v. BJ-Titan Servs. Co./Titan Servs., Inc., 873…

2Cases cited11 opinions

  1. Griffin v. BreckenridgeSupreme Court of the United States · 1971
  2. Buschi v. KirvenCourt of Appeals for the Fourth Circuit · 1985
  3. Jerry Smith, Cross-Appellee v. Atlas Off-Shore Boat Service, Inc., Cross-AppellantCourt of Appeals for the Fifth Circuit · 1981
  4. T.N.T. Marine Service, Inc. v. Weaver Shipyards & Dry Docks, Inc., in Personam, and Against the Tug Ocean Wind, Her Engines, Tackle, Etc., in Rem.Court of Appeals for the Fifth Circuit · 1983
  5. Pope v. BondDistrict Court, District of Columbia · 1986

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3Cited by28 opinions

  1. Michael P. Gaffney, Thomas Bell, Edward Anderson v. Riverboat Services of Indiana, Incorporated, Riverboat Services, Incorporated, Robert Heitmeier v. Showboat Marina Casino Partnership, Showboat, Incorporated, Showboat Indiana, IncorporatedCourt of Appeals for the Seventh Circuit · 2006
  2. In Re Virginia M. Pelkowski A/K/A Virginia M. Dodd, Debtor, Ohio Student Loan Commission, the Loan Servicing Center, James K. McNamara Esq., TrusteeCourt of Appeals for the Third Circuit · 1993
  3. Bryant v. Military Department of MississippiCourt of Appeals for the Fifth Circuit · 2010
  4. Childree v. UAP/GA AG Chem, Inc.Court of Appeals for the Eleventh Circuit · 1996
  5. In the Matter of Wilson J. NICHOLAS, Jr., Debtor. COBURN COMPANY OF BEAUMONT, Appellant, v. Wilson J. NICHOLAS, Jr., AppelleeCourt of Appeals for the Fifth Circuit · 1992

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