No. 23-368
Huntington Ingalls Incorporated v. Lynn Barrosse, et al.
Tags: exclusive-remedy federal-preemption longshore-and-harbor-workers-compensation-act maritime-employee navigable-waters preemption state-law-tort state-law-tort-claim workers-compensation
Key Terms:
AdministrativeLaw DueProcess Patent JusticiabilityDoctri
AdministrativeLaw DueProcess Patent JusticiabilityDoctri
Latest Conference:
2024-01-05
(distributed 2 times)
Question Presented (from Petition)
The question presented is whether the Fifth Circuit correctly held—in conflict with the decisions of other federal and state courts of appeals—that an injured maritime employee who has a workers' compensation remedy under the LHWCA may pursue a state-law tort claim for damages instead.
Question Presented (AI Summary)
Whether the Fifth Circuit correctly held that an injured maritime employee who has a workers' compensation remedy under the Longshore and Harbor Workers' Compensation Act may pursue a state-law tort claim for damages instead
Docket Entries
2024-01-08
Petition DENIED.
2023-12-06
DISTRIBUTED for Conference of 1/5/2024.
2023-12-05
Reply of petitioners Huntington Ingalls Incorporated filed. (Distributed)
2023-11-16
Brief of respondents Lynn Barrosse, et al. in opposition filed.
2023-11-16
Brief amicus curiae of Shipbuilders Council of America filed.
2023-10-17
Response Requested. (Due November 16, 2023)
2023-10-11
DISTRIBUTED for Conference of 10/27/2023.
2023-10-10
Waiver of right of respondent Lynn Barrosse, et al. to respond filed.
2023-10-05
Petition for a writ of certiorari filed. (Response due November 6, 2023)
Attorneys
Huntington Ingalls Incorporated
Gregory George Garre — Latham & Watkins LLP, Petitioner
Lynn Barrosse, et al.
Thomas More Flanagan — Flanagan Partners LLP, Respondent
Shipbuilders Council of America