Brown v. Avondale Industries, Inc.
Cases that cite this one
7 later published cases cite this decision.
- Jerry Charles, Sr., Jerry Charles, Sr., and McDermott Inc., Intervenor-Appellant v. United States of America (5th Cir. 1994)
- Mays v. Chevron Pipe Line Co. (District Court, W.D. Louisiana 2016)
- Kerr v. Smith Petroleum Co. (United States District Court Eastern District of Louisiana 1995)
- Kerr v. Smith Petroleum Co. (United States District Court Eastern District of Louisiana 1995)
- Kerr v. Smith Petroleum Co. (United States District Court Eastern District of Louisiana 1995)
- Baudoin v. McDermott, Inc. (La. Ct. App. 1994)
- Charles v. United States (5th Cir. 1994)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Thomas P. BROWN, et al.
v.
AVONDALE INDUSTRIES, INC.
Supreme Court of Louisiana.
PER CURIAM.
The injured employee received worker's compensation benefits under 33 U.S.C. § 905(a), the Longshore and Harbor Workers' Compensation Act, during the time of concurrent jurisdiction with the Louisiana Worker's Compensation Act. Because the employee elected benefits under the federal Act, the state Act was not implicated. Defendant, even if it would be a statutory employer under the state Act, cannot claim the tort immunity provided to principals by that Act, because the conflicting provisions of the federal Act selected by the employee control.
Accordingly, the judgments of the lower courts are reversed, the motion for summary judgment is denied, and the case is remanded to the district court for further proceedings.
WATSON, J., not on panel.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.