Legal Opinion

Imre v. Peacock Maritime SA

District Court, E.D. Pennsylvania

Decided April 21, 2016No. CIVIL ACTION NO. 15-6301Published

1Opinion of the Court

MEMORANDUM

KEARNEY, JUDGE.

Congress requires liability for negligence allegedly causing injuries to a longshoreman during stevedoring operations be governed by a federal workers’ compensation act known as the Longshore and Harbor Workers Compensation Act (“Act”). We often must sort out liability when the injured workman sues several parties with some contact with the Vessel. Defendants seeking an early dismissal before discovery bear a heavy burden to show the longshoreman has not, under Fed.R.Civ.P. 8, pleaded their liability under the Act. Given our deference to well pleaded allegations and…

2Cases cited17 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Santiago v. Warminster TownshipCourt of Appeals for the Third Circuit · 2010
  4. Burtch v. Milberg Factors, Inc.Court of Appeals for the Third Circuit · 2011
  5. Karen Malleus v. John GeorgeCourt of Appeals for the Third Circuit · 2011

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