Legal Opinion
Passman v. Companhia De Navegacao Maritima Netumar
District Court, E.D. Pennsylvania
Decided July 9, 1982No. Civ. A. 81-1120PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
DITTER, District Judge.
In this action brought pursuant to the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C. § 901 et seq. (LHWCA or “the act”), plaintiff seeks a declaratory judgment that his employer and his employer’s workmen’s compensation carrier are real parties in interest in a negligence claim he has brought against the owner of a ship upon which he was injured. Because such a holding is not warranted under Fed.R.Civ.P. 17(a), and would directly contravene the delicate balancing of interests embodied in the LHWCA, I must refuse plaintiff’s request.
Pl…
2Cases cited25 opinions
- Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
- Ryan Stevedoring Co. v. Pan-Atlantic Steamship Corp.Supreme Court of the United States · 1956
- Edmonds v. Compagnie Generale TransatlantiqueSupreme Court of the United States · 1979
- Federal Marine Terminals, Inc. v. Burnside Shipping Co.Supreme Court of the United States · 1969
- Rodriguez v. Compass Shipping Co.Supreme Court of the United States · 1981
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3Cited by5 opinions
- Helen Wheeler v. Travelers Insurance CompanyCourt of Appeals for the Third Circuit · 1994
- Christman v. Dravo Corp.Supreme Court of Pennsylvania · 1983
- Colombo v. Johns-Manville Corp.District Court, E.D. Pennsylvania · 1984
- Peters v. Speeflo Manufacturing Corp.District Court, E.D. Louisiana · 1984
- Passman (Warren) v. Companhia De Navegacao Maritima Netumar, Northern Shipping Company, Midland Insurance CompanyCourt of Appeals for the Third Circuit · 1983