Legal Opinion

Young & Company and Texas Employers Insurance Association v. R. J. Shea, Deputy Commissioner of Labor

Court of Appeals for the Fifth Circuit

Decided December 12, 1968No. 24249_1PublishedCited by 43 opinions

1Opinion of the Court

THORNBERRY, Circuit Judge:

This appeal involves the applicability of collateral estoppel to administrative proceedings and presents important first-impression questions that materially affect the administration of the Longshoremen’s and Harbor Workers’ Compensation Act (33 U.S.C. § 901 et seq.).

In 1962 Paul Tugwell instituted a court action against A. F. Klaveness & Company, the shipowner, for injuries occurring on the ship. The shipowner impleaded Young & Company, Tugwell’s employer, as a third-party defendant. After the jury concluded that Tugwell did not sustain an injury when he fell, a…

2Cases cited32 opinions

  1. Helvering v. MitchellSupreme Court of the United States · 1938
  2. John W. Amos v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1965
  3. Hartford Accident & Indemnity Co. v. CardilloCourt of Appeals for the D.C. Circuit · 1940
  4. Tomlinson v. LefkowitzCourt of Appeals for the Fifth Circuit · 1964
  5. Jerome H. Moore and Mildred v. Moore v. United States of America, Jerome H. Moore and Mildred v. Moore v. United StatesCourt of Appeals for the Fourth Circuit · 1966

27 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. DeFries v. ASSOCIATION OF OWNERS, 999 WILDERHawaii Supreme Court · 1976
  2. Bath Iron Works Corp. v. WhiteCourt of Appeals for the First Circuit · 1978
  3. William David Hensley v. Washington Metropolitan Area Transit AuthorityCourt of Appeals for the D.C. Circuit · 1981
  4. Air America, Inc. v. Director, Office of Workers' Compensation Programs, United States Department of Labor, and Joseph F. KerchCourt of Appeals for the First Circuit · 1979
  5. Johnson v. State of FLCourt of Appeals for the Eleventh Circuit · 2003

38 more not listed; retrieve them via the Exa API.

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