United States Fifth Circuit

In a negligence action, summary judgment for defendant is reversed and remanded where: 1) a claim under section 905(b) of the Longshore and Harbor Workers' Compensation Act (LHWCA) for vessel negligence is not cognizable since plaintiff was not injured "on navigable waters;" and 2) section 933 of the LHWCA preserves a maritime worker's ability to pursue separate claims against third parties including vessel owners allegedly responsible for the injury.

Appellate Information

• Decided 05/22/2008
• Published 05/22/2008

Judges

• EDITH BROWN CLEMENT, Circuit Judge:, Before GARWOOD, CLEMENT and ELROD, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Joshua T. Gillelan, II (argued), Longshore Claimants' Nat. Law Ctr., Washington, DC, Mark Albin Nelson, Joseph A. O'Connell, Bryan Nelson, Hattiesburg, MS, for Plaintiffs-Appellants.


• For Appellees:
  
• David Sinnott Bland (argued), LeBlanc Bland PLLC, New Orleans, LA, Robert Prentice Vining, LeBlanc Bland PLLC, Houston, TX, for Defendants-Appellees.