Legal Opinion

Ili v. American Seafoods Co.

Court of Appeals for the Second Circuit

Decided November 25, 2009No. 09-35000Published

1Opinion of the Court

MEMORANDUM *

Samson Ili has two causes of action at issue on appeal: negligence under the Jones Act, 46 U.S.C. § 30104, and unseaworthiness under maritime common law, Mitchell v. Trawler Racer, Inc., 362 U.S. 539, 547-50, 80 S.Ct. 926, 4 L.Ed.2d 941 (1960). There are triable issues of material facts as to whether requiring a 16-hour work day, seven days a week, for months at a time, is negligent or creates an unsea-worthy condition; and whether such negligence or unseaworthiness caused Ili to fall when the ship rolled during the last hour of his 16-hour shift. The district court granted…

2Cases cited6 opinions

  1. Rogers v. Missouri Pacific RailroadSupreme Court of the United States · 1957
  2. Mitchell v. Trawler Racer, Inc.Supreme Court of the United States · 1960
  3. Fitzgerald v. United States Lines Co.Supreme Court of the United States · 1963
  4. The Tj HooperCourt of Appeals for the Second Circuit · 1932
  5. American President Lines, Ltd., a Corporation, and Cross-Appellee v. E. B. Welch, and Cross-AppellantCourt of Appeals for the Ninth Circuit · 1967

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API