38 U.S.C. § 905
Use of facilities and services of other law enforcement agencies
With the permission of the head of the agency concerned, the Secretary may use the facilities and services of Federal, State, and local law enforcement agencies when it is economical and in the public interest to do so.
Notes of Decisions
Cited in 15
cases, 1972–2013 · leading case: Fredrick Wilhelm, Jr., & Robert Hammermeister v. Associated Container Transp. (Australia) Ltd., & Taylor Mach. Works, Inc., 648 F.2d 1197 (9th Cir. 1981).
Fredrick Wilhelm, Jr., & Robert Hammermeister v. Associated Container Transp. (Australia) Ltd., & Taylor Mach. Works, Inc., 648 F.2d 1197 (9th Cir. 1981). “The district court concluded the product liability claim against Associated was proscribed by 38 U.S.C. § 905 and found that the jury verdict in favor of Associated and Taylor Machine Works was not against the clear weight of the evidence and did not work any miscarriage of…”
Harry B. New, Jr., & Celia New v. Associated Painting Servs., Inc., Sedco-Schlumberger Tech. Corp. & Schlumberger Ltd., 863 F.2d 1205 (5th Cir. 1989). “Seeking to avoid the exclusiveness of the employer’s liability under the LHWCA, 18 New sued SEDCO under 38 U.S.C. § 905 (b), which allows employees to sue the owner of a vessel for negligence.”
Smallwood v. Am. Trading & Transp. Co., 839 F. Supp. 1377 (N.D. Cal. 1993). “Congress provided further guidance, advising that vessels [would be placed] in the same position, insofar as third-party liability is concerned, as land-based third parties in non-maritime pursuits.”
Dubois v. Fab-Con, Inc., 848 So. 2d 679 (La. Ct. App. 2003). “Dubois against Rene Cross necessarily is brought under LHWCA, 38 U.S.C. § 905 (b). Rene Cross argues that the LHWCA, 33 U.”
St. James Transp. Co. v. Porter, 840 S.W.2d 658 (Tex. App. 1992). “His left leg was caught and crushed and eventually was amputated. Longshoremen’s and Harbor Workers’ Compensation Act Porter’s injury occurred on a vessel in navigable waters.”
Efferson v. Kaiser Aluminum & Chem. Corp., 816 F. Supp. 1103 (E.D. La. 1993). “Vessel Status Even if plaintiffs’ claim against Volks falls within this Court’s admiralty jurisdiction, plaintiffs’ § 905(b) claim may proceed only if plaintiff is suing Volks qua vessel.”
In re the Complaint of Natures Way Marine, LLC, 984 F. Supp. 2d 1231 (S.D. Ala. 2013). “As noted supra, the Act *1237 expressly provides that where an injured employee brings an action against a vessel for.”
Lormand v. Superior Oil Co., 845 F.2d 536 (5th Cir. 1987). “Lormand also contends that the captain of the vessel negligently caused his injury by failing to ensure that the gangway was secured and that, therefore, the district court erred in dismissing his claim against Aries under section 905(b) of the Longshore and Harbor Workers’…”
Davis v. United States, 827 F. Supp. 1576 (S.D. Ga. 1993). “38 U.S.C. § 905 (b). However, the liability of a vessel “shall not be based upon the warranty of seaworthiness or breach thereof at the time the injury occurred.”
Collins v. GFS Co., 657 So. 2d 499 (La. Ct. App. 1995). “Because his general maritime law negligence claim based upon 38 U.S.C.A. § 905 (b) (West 1986) is still pending, Collins argues that under Pape v.”
Musa v. Litton-Avondale Indus., Inc., 63 So. 3d 243 (La. Ct. App. 2011). “In his mew, the borrowed-servant tort immunity which had been judicially granted to general contractors vanished "with the 1984 amendments, specifically with 38 U.S.C.A. § 905 (a) which provides: For purposes of this subsection, a contractor shall be deemed the employer of a…”
Butcher v. Superior Offshore Int'l, Inc., 357 F. App'x 619 (5th Cir. 2009). “See 38 U.S.C. § 905 (b); cf. Jenkins v. Aries Marine Corp.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.