Legal Opinion
Stewart v. Dutra Construction Co.
Court of Appeals for the First Circuit
Decided August 9, 2005No. 99-1487, 00-1090, 02-1713PublishedCited by 7 opinions
1Opinion of the Court
SELYA, Circuit Judge.
This case comes before us on remand from the United States Supreme Court. The question is whether, in light of the Court’s decision in Stewart v. Dutra Construction Co., — U.S. -, 125 S.Ct. 1118, 160 L.Ed.2d 932 (2005) (Stewart III), we should rule, as a matter of law, that the plaintiff was a seaman for Jones Act purposes, After studying the Court’s decision and the parties’ supplemental briefs, we answer this question in the affirmative and remand the case to the district court for trial on the remaining Jones Act issues (e.g., liability, causation, and damages).
For…
2Cases cited8 opinions
- James L. McCoy Administrator of the Electrical Workers Trust Funds, Etc. v. Massachusetts Institute of TechnologyCourt of Appeals for the First Circuit · 1991
- Teamsters, Chauffeurs, Warehousemen and Helpers Union, Local No. 59 v. Superline Transportation Company, Inc.Court of Appeals for the First Circuit · 1992
- Stewart v. Dutra Construction Co.Supreme Court of the United States · 2005
- Sweed v. DretkeSupreme Court of the United States · 2004
- Rocco P. Digiovanni, Jr. v. Traylor Brothers, Inc.Court of Appeals for the First Circuit · 1992
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- MacHela Transport Co. v. Philadelphia Indemnity InsuranceCourt of Appeals for the Eighth Circuit · 2013
- In re Bridge Construction Services of Florida, Inc.District Court, S.D. New York · 2014
- Polak v. Riverside Marine Construction, Inc.District Court, D. Massachusetts · 2014
- Tardiff v. Knox CountyDistrict Court, D. Maine · 2008
- Addie Holmes v. Atlantic Sounding Company, Inc. Weeks Marine Inc. Abc Insurance Co. Xyz Insurance Co., Addie Holmes v. Atlantic Sounding Company, Inc. Abc Insurance Co., Inc.Court of Appeals for the Fifth Circuit · 2005
2 more not listed; retrieve them via the Exa API.