Legal Opinion
Burks v. American River Transportation Co.
Court of Appeals for the Fifth Circuit
Decided June 25, 1982No. 80-3261PublishedCited by 11 opinions
1Opinion of the Court
JOHN R. BROWN, Circuit Judge:
This case presents a novel question: Does a longshoreman/seaman retain the right to bring an action based on unseaworthiness against a vessel or her owner despite the proscription in the 1972 Amendments to the Longshoremen’s and Harbor Workers’ Compensation Act (LHWCA)? We conclude that he does not.
I
At the time of the injury for which he seeks recovery in this suit, Joseph Burks was an employee of Rogers Terminal and Shipping Corporation (Rogers), a firm that provides stevedoring services at the Port of Baton Rouge, Louisiana. Burks had worked for Rogers for over…
2Cases cited45 opinions
- 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
- McAllister v. United StatesSupreme Court of the United States · 1954
- Pope & Talbot, Inc. v. HawnSupreme Court of the United States · 1953
- The OsceolaSupreme Court of the United States · 1903
40 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- McCarthy v. The Bark PekingCourt of Appeals for the Second Circuit · 1983
- Orgeron v. Avondale Shipyards, Inc.Supreme Court of Louisiana · 1990
- Christman v. Dravo Corp.Supreme Court of Pennsylvania · 1983
- Duncanson-harrelson Co. v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Ninth Circuit · 1982
- William G. Bridges v. Penrod Drilling Company, Defendant/third Party v. Offshore Logistics Services, Inc., Defendant/third PartyCourt of Appeals for the Third Circuit · 1984
6 more not listed; retrieve them via the Exa API.