Scognamiglio v. Home Lines, Inc.

WEINFELD, District Judge.

Plaintiff, a foreign seaman, a national of Italy, sues defendant, a Panamanian shipowner, for personal injuries occurring beyond the territorial waters of the United States. He seeks relief under both the Jones Act1 and general maritime law. The defendant has moved to dismiss the complaint for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be granted,2 as well as for other just relief.

Of the seven significant factors enumerated in Lauritzen v. Larsen 3 for determining when the Jones Act is applicable to a claim of a foreign…