United States Fifth Circuit

In a suit brought against defendant-vessel operator by a Malaysian national who was injured while working aboard the vessel, summary judgment for defendant is affirmed as: 1) the voyage requirements outlined in 46 U.S.C. sections 10301 and 10501 apply to seamen on foreign vessels who wish to invoke the penalty wage provisions in sections 10313 and 10504; and 2) the vessel on which plaintiff was working was not on any of the types of voyages that would bring the vessel under the penalty wage statutes' umbrella.

Appellate Information

• Decided 10/10/2007
• Published 10/11/2007

Judges

• GARWOOD, Circuit Judge:, Before GARWOOD, WIENER, and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• James Thomas Liston, Francis Isadore Spagnoletti (argued), Spagnoletti & Co., Houston, TX, for Kaluom.


• For Appellees:
  
• Ralph E. Kraft, Jessica Ann Devitt, Kraft, Gatz & Devitt, Lafayette, LA, William Peter Maines (argued), Fulbright & Jaworski, Houston, TX, for Defendant-Appellee.