United States Fifth Circuit

The Supreme Court's decision in Stewart v. Dutra Constr. Co., 543 U.S. 481 (2005), has not effectively overruled circuit precedent holding that a watercraft under construction is not a "vessel in navigation" for purposes of the Jones Act, because the decision did not concern or address the point at which a vessel-to-be actually becomes a vessel.

Appellate Information

• Decided 02/21/2008
• Published 02/21/2008

Judges

• KING, Circuit Judge:, Before KING, GARZA and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Paul B. Wilkins, Law Offices of Paul B. Wilkins, Columbia, LA, for Cain., Hal C. Welch, Lemle & Kelleher, New Orleans, LA, for Transocean Offshore USA, Inc. and Sedco Forex Corp., Daniel A. Reed, Seale, Smith, Zuber & Barnette, Baton Rouge, LA, for Fontana Ctr. LLC.