Jack Fisher, Etc. v. The Agios Nicolaos V, Eugenia Kepessidis, Individually, Etc. v. The Agios Nicolaos V, Etc.

JOHN R. BROWN, Circuit Judge, with whom AINSWORTH, GEE, TJOFLAT, VANCE, GARZA, AND RANDALL, Circuit Judges, join dissenting:

I must dissent from the Court’s refusal to rehear this case en banc. Left to stand, the opinion-decision opens the 19 District Courts of the six maritime states of this Circuit and, by precedent, all of the federal and state courts of the nation to injury/death claims by foreign crew members against their foreign flag employers for recovery under American statutory (Jones Act) or general maritime law. All that is required to trigger this new burden on beleaguered federal…