Legal Opinion
Prevost v. Hess Oil Virgin Islands Corp.
District Court, Virgin Islands
Decided August 7, 1986No. Civ. Nos. 1984/195, 1985/86 and 1985/28PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
We confront in these cases the issue whether constitutional protections preserve the borrowed employee defense. Specifically we must determine whether the recent amendments to the Workmen’s Compensation Act, retroactively abolishing the borrowed employee defense, violate the contract and due process clauses of the Revised Organic Act. Since we find they do not, we will deny the defendants’ motions for summary judgment.
I. FACTS
On October 19, 1984, the Virgin Islands Legislature amended the Workmen’s Compensation Act to abrogate the borrowed employee doctrine. This…
2Cases cited26 opinions
- Home Building & Loan Assn. v. BlaisdellSupreme Court of the United States · 1934
- Usery v. Turner Elkhorn Mining Co.Supreme Court of the United States · 1976
- Energy Reserves Group, Inc. v. Kansas Power & Light Co.Supreme Court of the United States · 1983
- International Ass'n of MacHinists v. StreetSupreme Court of the United States · 1961
- New York Central Railroad Company v. WhiteSupreme Court of the United States · 1916
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3Cited by4 opinions
- Nieves v. Hess Oil Virgin Islands Corp.Court of Appeals for the Third Circuit · 1987
- Government of the Virgin Islands ex rel. Suarez v. SuarezSupreme Court of The Virgin Islands · 1988
- Antonio Nieves and Ellen Schuster Nieves v. Hess Oil Virgin Islands Corporation. Samuel Cotto v. Hess Oil Virgin Islands Corporation. Joseph R. Taylor v. Hess Oil Virgin Islands Corporation. George Thomas v. Hess Oil Virgin Islands Corporation. Phillip Scotland and Pearline Scotland v. Hess Oil Virgin Islands Corporation, Pauliphy Prevost v. Hess Oil Virgin Islands CorporationCourt of Appeals for the Third Circuit · 1987
- Prevost v. Hess Oil Virgin Islands Corp.District Court, Virgin Islands · 1988