United States Fourth Circuit

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Holloway v. Pagan River Dockside Seafood, Inc., 11-1046

In an action by a seaman under the Jones Act alleging negligence by his employers, the district court's grant of a motion to dismiss for lack of subject matter jurisdiction is reversed, where: 1) the district court generally has federal question jurisdiction over Jones Act claims; 2) the complaint in particular alleged a colorable Jones Act claim in that it was not so insubstantial, implausible, foreclosed by prior decisions, or otherwise completely devoid of merit as not to involve a federal controversy.

Appellate Information

  • Decided 02/27/2012
  • Published 02/27/2012

Judges

  • Niemeyer

Court

  • United States Fourth Circuit

Counsel

  • For Appellant:
  • Christina Elise James, Richard K. Bennett