Fifth Circuit Identifies Potential Conflict with Supreme Court on Jones Act Seaman Test
The Energy Law Blog
NOVEMBER 18, 2020
The plaintiff in Endeavor Marine worked on a moored derrick barge on the Mississippi River. However, a district court can deny remand if, after conducting a “summary-judgment-type” of inquiry, in which the court pierces the pleadings, it determines the plaintiff’s complaint “misstated or omitted discrete facts.” quoting Flagg v.
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