green
Positive treatment
Quoted verbatim 1×
5.9 score
“this court has consistently held, as a matter of law, that floating work platforms, not used in navigation, do not constitute vessels.”
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995
2010
2026
Top citers, strongest first. 6 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Ross v. W&T Offshore, Inc.
this court has consistently held, as a matter of law, that floating work platforms, not used in navigation, do not constitute vessels.
discussed
Cited "see"
Randi Hyatt v. Callahan County
See Flores v. Cty. of Hardeman, Tex., 53 F.3d 1280, 1280 (5th Cir. 1995) (unpublished) (finding genuine issue of material fact as to officer’s knowledge of detainee’s suicidal tendencies, despite statement from officer and other officials that detainee “had not shown such tendencies,” where officer placed detainee in observation cell, denied him sheets and a blanket, and took other added precautions).
discussed
Cited "see"
Martin v. Fab-Con, Inc.
See Holifield v. Great Lakes Dredge & Dock Co., No. 94-30202, 53 F.3d 1280, at *5 (5th Cir. Apr. 18, 1995) (unpublished) (affirming district court’s grant of summary judgment to defendants because structure upon which plaintiff was injured was not a vessel, and consequently his clams did “not bear a sufficient relationship to traditional maritime activity to sup port admiralty jurisdiction”).
discussed
Cited "see"
Robert Winchell v. Robert Hofmann
As the court explained, “when entertaining a motion to dismiss on the ground of res judicata, a court may take judicial notice of facts from a prior judicial proceeding” where there is no “dispute [as to] the factual accuracy of the record of [the] previous suit.” Id.; accord Clifton v. Warnaco, Inc., 53 F.3d 1280 , 1995 WL 295863 , at *6 n.13 (5th Cir. 1995) (per curiam) (rejecting claim that trial court erred in dismissing complaint on res judicata grounds without converting motion to summary judgment where all relevant facts were shown by court’s own records of which it took judic…
cited
Cited "see, e.g."
R&R Motorsports, LLC v. Textron Specialized Vehicles, Inc.
See, e.g., Clifton v. Warnaco, Inc., 53 F.3d 1280 (5th Cir. 1995).
discussed
Cited "see, e.g."
Landor v. Lafayette Consolidated Gov't
See also Clifton v. Warnaco, Inc., 53 F.3d 1280 , 1995 WL 295863 , at *6 fn. 15 (5th Cir.1995) (per curiam) (unpublished) (affirming dismissal of Title VII claims asserted in a second lawsuit as barred by res judicata, rejecting the plaintiffs argument that the claims could not have been brought in the original lawsuit because a right-to-sue letter had not been issued until one month before summary judgment was granted, because, amongst other reasons, the plaintiff “failed to notify the court of his receipt of a right to sue letter, and simply waited for a ruling on the pending summary judgm…
Retrieving the full opinion text from the archive…
Holifield
v.
Great Lakes Dredge & Dock Co.
v.
Great Lakes Dredge & Dock Co.
94-30202.
Court of Appeals for the Fifth Circuit.
Apr 18, 1995.
Cited by 2 opinions | Published
Citer courts: E.D. Louisiana (1)
Holifield
v.
Great Lakes Dredge & Dock Co.[*]
NO. 94-30202
United States Court of Appeals,
Fifth Circuit.
Apr 18, 1995
Appeal From: E.D.La., No. CA-92-1935-A
1
AFFIRMED.
*
Fed.R.App.P. 34(a); 5th Cir.R. 34.2