Francis Barker, Jr. v. Hercules Offshore, Inc., et
Court of Appeals for the Fifth Circuit
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…
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