Legal Opinion
Brody v. North Carolina
District Court, E.D. North Carolina
Decided January 11, 1983No. 81-121-CIV-7APublishedCited by 5 opinions
1Opinion of the Court
ORDER
BRITT, District Judge.
Plaintiff, a seaman employed upon the vessel, BUXTON II, brought this suit against the State of North Carolina, as owner and operator, pursuant to the Jones Act, 46 U.S.C. § 688, and under the doctrine of seaworthiness, claiming damages sustained by him aboard the vessel. Thus, the general admiralty and maritime jurisdiction of the court is invoked. See 28 U.S.C. § 1333. In answering, the State moved to dismiss the action, pursuant to rule 12(b)(6) of the Federal Rules of Civil Procedure, as being barred by the eleventh amendment of the Constitution of the United…
2Cases cited15 opinions
- Ford Motor Co. v. Department of TreasurySupreme Court of the United States · 1945
- Moragne v. States Marine Lines, Inc.Supreme Court of the United States · 1970
- Mitchell v. Trawler Racer, Inc.Supreme Court of the United States · 1960
- Employees of Department of Public Health v. Department of Public HealthSupreme Court of the United States · 1973
- Parden v. Terminal Railway of Alabama State Docks DepartmentSupreme Court of the United States · 1964
10 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Kevin Wayne Sullivan v. The Georgia Department of Natural Resources and the Research Vessel "Anna"Court of Appeals for the Eleventh Circuit · 1984
- Cole v. STATE OF ALASKA, DEPT. OF TRANSP.District Court, D. Alaska · 1984
- Jean E. Welch v. State Department of Highways and Public Transportation and the State of Texas, Drott Manufacturing Company and J.I. Case Co.Court of Appeals for the Fifth Circuit · 1984
- Jean E. Welch v. State Department of Highways and Public Transportation and the State of Texas, Drott Manufacturing Company and J.I. Case Co.Court of Appeals for the Fifth Circuit · 1984
- Smith v. Louisiana, Department of Wildlife & FisheriesDistrict Court, E.D. Louisiana · 1984