Legal Opinion

Robert Bernard v. Binnings Construction Co., Inc.

Court of Appeals for the Fifth Circuit

Decided September 17, 1984No. 84-3018PublishedCited by 110 opinions

1Opinion of the Court

RANDALL, Circuit Judge:

This appeal presents two questions that have been frequently litigated in this Circuit: (1) what constitutes a “vessel” for Jones Act purposes and (2) under what circumstances can the issue of a structure’s status as a Jones Act vessel be removed from the trier of fact and decided as a matter of law? Robert Bernard (Bernard) sued his employer, Binnings Construction Company, Inc. (Binnings), under the Jones Act, 46 U.S.C. § 688, for injuries to his back allegedly sustained while Bernard was engaged in pile driving activities along the New Basin Canal near Lake…

2Cases cited36 opinions

  1. Reed v. the YakaSupreme Court of the United States · 1963
  2. Offshore Co. v. RobisonCourt of Appeals for the Fifth Circuit · 1959
  3. The Robert W. ParsonsSupreme Court of the United States · 1903
  4. Ronnie W. Longmire v. Sea Drilling Corp.Court of Appeals for the Fifth Circuit · 1980
  5. Cope v. Vallette Dry Dock Co.Supreme Court of the United States · 1887

31 more not listed; retrieve them via the Exa API.

3Cited by110 opinions

  1. Lozman v. City of Riviera BeachSupreme Court of the United States · 2013
  2. David Burchett and Cheryl Burchett v. Cargill, Inc., Defendant-Intervenor-Appellee v. Marine Equipment Management CorporationCourt of Appeals for the Fifth Circuit · 1995
  3. Brian Gremillion and Connie Gremillion v. Gulf Coast Catering Company, Doerle's Quarterboats, Inc., and Albany Insurance CompanyCourt of Appeals for the Fifth Circuit · 1990
  4. Pavone v. Mississippi Riverboat Amusement Corp.Court of Appeals for the Fifth Circuit · 1995
  5. Becker v. Tidewater, Inc.Court of Appeals for the Fifth Circuit · 2003

105 more not listed; retrieve them via the Exa API.

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