Legal Opinion

George Mooney v. The City of New York

Court of Appeals for the Second Circuit

Decided June 28, 2000No. 1999PublishedCited by 28 opinions

1Opinion of the Court

KATZMANN, Circuit Judge:

George Mooney, plaintiff-appellant, appeals from the amended judgment of the United States District Court for the Southern District of New York (Lewis A. Kap-lan, Judge), granting summary judgment in favor of the City of New York (the “City”), defendant-appellee. The district court held that an award of workers’ compensation benefits constituted a waiver of a Jones Act claim. For the reasons that follow, we vacate the amended judgment of the district court and remand with instructions for further proceedings.

I. BACKGROUND

The essential facts are not in dispute except…

2Cases cited11 opinions

  1. Metropolitan Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1983
  2. Southwest Marine, Inc. v. GizoniSupreme Court of the United States · 1991
  3. South Buffalo Railway Co. v. AhernSupreme Court of the United States · 1953
  4. Pedersen v. Manitowoc Co.New York Court of Appeals · 1969
  5. National Labor Relations Board v. New York Telephone CompanyCourt of Appeals for the Second Circuit · 1991

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3Cited by28 opinions

  1. U.S. D.I.D. Corp. v. Windstream Communications, Inc.Court of Appeals for the Second Circuit · 2014
  2. United Teamster Fund v. MagnaCare Administrative Services, LLCDistrict Court, S.D. New York · 2014
  3. Caraccilo v. Village of Seneca Falls, NYDistrict Court, W.D. New York · 2008
  4. Hermes Consolidated, Inc. v. United StatesUnited States Court of Federal Claims · 2003
  5. In re Bridge Construction Services of Florida, Inc.District Court, S.D. New York · 2014

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