Legal Opinion
Harbor Tug & Barge Co. v. Papai
Supreme Court of the United States
Decided May 12, 1997No. 95-1621PublishedCited by 219 opinions
1Opinion of the CourtJustice Kennedy
Adjudication to determine whether a maritime employee is a seaman under the Jones Act, 46 U. S. C. App. § 688(a), or a maritime employee covered by the Longshore and Harbor Workers’ Compensation Act (LHWCA), 44 Stat. (pt. 2) 1424, as amended, 33 U. S. C. § 901 et seq., continues to be of concern in our system. The distinction between the two mutually exclusive categories can be difficult to implement, and many cases turn on their specific facts.
The Court of Appeals for the Ninth Circuit held in this case that there was a jury question as to whether an injured worker was a Jones Act seaman.…
2Cases cited11 opinions
- McDermott International, Inc. v. WilanderSupreme Court of the United States · 1991
- Chandris, Inc. v. LatsisSupreme Court of the United States · 1995
- Northeast Marine Terminal Co. v. CaputoSupreme Court of the United States · 1977
- South Chicago Coal & Dock Co. v. BassettSupreme Court of the United States · 1940
- Jethro Barrett v. Chevron, U.S.A., Inc., E.B.B. Co., Inc. And Lift Barge, Inc. v. Maryland Casualty Company, Intervenor-AppellantCourt of Appeals for the Fifth Circuit · 1986
6 more not listed; retrieve them via the Exa API.
3Cited by219 opinions
- Roberts v. Cardinal Services, Inc.Court of Appeals for the Fifth Circuit · 2001
- Angelo Dahlia v. Omar RodriguezCourt of Appeals for the Ninth Circuit · 2013
- Sergey Sologub v. The City of New YorkCourt of Appeals for the Second Circuit · 2000
- Jeffrey J. Biggs v. Cal A. Terhune, Director of Wbs/jfm CDC California Board of Prison Terms Board of Prison TermsCourt of Appeals for the Ninth Circuit · 2003
- Gerard O'Hara and Lisa O'Hara v. Weeks Marine, Inc. And Collazo Contractors, Inc.Court of Appeals for the Second Circuit · 2002
214 more not listed; retrieve them via the Exa API.