Legal Opinion

Francis Barker, Jr. v. Hercules Offshore, Inc., et

Court of Appeals for the Fifth Circuit

Decided February 1, 2013No. 12-20150PublishedCited by 157 opinions

1Opinion of the Court

EDITH BROWN CLEMENT, Circuit Judge: *

After watching his friend and co-worker die as a result of an accident on a jack-up rig attached to the Outer Continental Shelf (“OCS”), Francis Barker filed suit in Texas state court seeking relief under general maritime law, the Longshore and Harbor Workers’ Compensation Act (“LHWCA”), and Texas tort law. The District Court for the Southern District of Texas denied Barker’s motion for remand and granted summary judgment to Defendants Hall-Houston and Hercules Offshore under Texas law or, in the alternative, under general maritime law. On appeal Barker…

2Cases cited45 opinions

  1. Manguno v. Prudential Property & Casualty InsuranceCourt of Appeals for the Fifth Circuit · 2002
  2. Morrison v. National Australia Bank Ltd.Supreme Court of the United States · 2010
  3. Romero v. International Terminal Operating Co.Supreme Court of the United States · 1959
  4. Executive Jet Aviation, Inc. v. City of ClevelandSupreme Court of the United States · 1972
  5. Chaparro v. Carnival Corp.Court of Appeals for the Eleventh Circuit · 2012

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3Cited by157 opinions

  1. In Re DEEPWATER HORIZONCourt of Appeals for the Fifth Circuit · 2014
  2. Boulder County Commissioners v. Suncor EnergyCourt of Appeals for the Tenth Circuit · 2022
  3. Fireman's Fund Insurance v. Great American InsuranceDistrict Court, S.D. New York · 2014
  4. Mayor of Balt. v. BP P. L.C.District Court, D. Maryland · 2019
  5. Ryan v. Hercules Offshore, Inc.District Court, S.D. Texas · 2013

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