Garvin v. Alumax of South Carolina, Inc.

I conclude that the proper disposition of the present case is to dismiss for lack of federal jurisdiction, rather than to enter judgment for Alumax. I am persuaded not only that we lack jurisdiction over the matter, but also that it would be preferable to’ allow the parties to seek an interpretation of the South Carolina worker’s compensation statute in the South Carolina courts. I therefore respectfully dissent.

I

Alumax, Inc., operates a port facility in South Carolina. Under the terms of a contract between Alumax and Lemm Corporation, Lemm employees handle the unloading of ships and perform…