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5 New York opinions name it 4 courts 1999–2009 0 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Sutherland v. City of New Yorkgreen2 sentences2004“Pursuant to the LHWCA, a maritime worker injured in the course of employment is entitled to workers’ compensation benefits from his or her employer” (Sutherland v City of New York, 266 AD2d 373, 377 [1999]; 33 USC § 904 ). 2004"Pursuant to the LHWCA, a maritime worker injured in the course of employment is entitled to workers' compensation benefits {** 4 Misc 3d at 836 }from his or her employer" ( Sutherland v City of New York , 266 AD2d 373, 377 [1999]; 33 USC § 904 ). | 2 | 2 |
Jones & Laughlin Steel Corp. v. Pfeifergreen2 sentences2004In addition, “[i]n Jones & Laughlin Steel Corp. v Pfeifer ( 462 US 523 ), the United States Supreme Court held that 33 USC § 905 (b) authorizes a negligence action against a vessel even where . . . the owner is also the worker’s employer. 2004In addition, "[i]n Jones & Laughlin Steel Corp. v Pfeifer ( 462 US 523 ) , the United States Supreme Court held that 33 USC § 905 (b) authorizes a negligence action against a vessel even where . . . the owner is also the worker's employer. | 1 | 3 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
McLaurin v. Noble Drilling (U.S.), Inc.
green
2 sentences2009McLaurin, 529 F3d at 289 ). . 2009Significantly, section 933 (a) of the LHWCA expressly recognizes that an employee covered by the LHWCA may have state law remedies against third parties other than his or her employer (see McLaurin, 529 F3d at 292 ). | 1 | 2009–2009 |
Manuel v. Cameron Offshore Boats, Inc.
green
1 sentence2004Although Scindia addresses the standard of liability “in terms of stevedoring operations, [the] jurisprudence generally has extended this reading of the section 905 (b) negligence action to other independent contractors falling under the Longshore and Harbor Worker[s'] Act” (Manuel v Cameron Offshore Boats, Inc., 103 F3d 31 , 33 n 6 [5th Cir 1997]). . | 1 | 2004–2004 |
Kakavas v. Flota Oceanica Brasileira, S. A.
green
1 sentence2004The liability of the vessel under this subsection shall not be based upon the warranty of seaworthiness or a breach thereof at the time the injury occurred.” Enacted in 1972 as part of extensive amendments to the LH-WCA (see Pub L 92-576), section 905 (b) was designed to remedy “an anomalous and intolerable situation with respect to actions by longshoremen and harbor workers against shipowners” (Kakavas v Flota Oceanica Brasileira, S.A., 789 F2d 112, 117 [2d Cir 1986], cert denied 479 US 853 [1986]). | 1 | 2004–2004 |
Sweeney v. City of New York
green
1 sentence2004"Pursuant to the LHWCA, a maritime worker injured in the course of employment is entitled to workers' compensation benefits {** 4 Misc 3d at 836 }from his or her employer" ( Sutherland v City of New York , 266 AD2d 373, 377 [1999]; 33 USC § 904 ). | 1 | 2004–2004 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.