Legal Opinion
Baker v. Pacific Far East Lines, Inc.
District Court, N.D. California
Decided April 6, 1978No. C-76-1555 WHOPublishedCited by 20 opinions
1Opinion of the Court
OPINION
ORRICK, District Judge.
This case poses the important question whether a person performing the duties of a longshoreman, after passage of the 1972 Amendments to the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C. § 901 et seq. (“LHWCA”), may maintain a negligence action against his employer (who also happens to be the vessel owner) to recover damages for injuries incurred during the course of employment. This question of first impression in this Circuit we answer in the negative, holding that Congress intended by the 1972 Amendments to eliminate the possibility of direct…
2Cases cited37 opinions
- Foman v. DavisSupreme Court of the United States · 1962
- Seas Shipping Co. v. SierackiSupreme Court of the United States · 1946
- Ryan Stevedoring Co. v. Pan-Atlantic Steamship Corp.Supreme Court of the United States · 1956
- Northeast Marine Terminal Co. v. CaputoSupreme Court of the United States · 1977
- Reed v. the YakaSupreme Court of the United States · 1963
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3Cited by20 opinions
- Marilyn Miller v. Rykoff-Sexton, Inc., and Atlas Hotels, Inc.Court of Appeals for the Ninth Circuit · 1988
- Ronnie W. Longmire v. Sea Drilling Corp.Court of Appeals for the Fifth Circuit · 1980
- Sample v. JohnsonCourt of Appeals for the Ninth Circuit · 1985
- Sample v. JohnsonCourt of Appeals for the Ninth Circuit · 1985
- Houston v. Bechtel Associates Professional Corp.District Court, District of Columbia · 1981
15 more not listed; retrieve them via the Exa API.