Ackerson v. Bean Dredging LlC
Ackerson v. Bean Dredging LlC
Opinion of the Court
Appellants sued the United States and thirty-two defendants who dredged the Mississippi River Gulf Outlet to recover damages sustained during Hurricane Katrina. The district court dismissed the claims against the dredgers because it determined that the defendants acted pursuant to contracts with the United States government under authority granted by an act of Congress. The appellants argue that the district court improperly: (1) dismissed their claims; (2) refused to allow them to amend their complaint; (3) refused to allow them to conduct discovery; and (4) entered judgment in favor of those defendants whose actions had been stayed after they filed petitions under the Limitation of Liability Act. We affirm.
I
In 2006, Philip Reed filed a class action against the United States and thirty-two dredging companies (Contractor Defendants) to recover damages the class suffered as a result of Hurricane Katrina. Reed also sought injunctive relief to prevent future dredging activities. Several months later, Fellosea Ackerson filed a substantively identical complaint on behalf of 1,600 named plaintiffs against the same thirty-two Contractor Defendants. The United States was not a named defendant in Ackerson’s complaint. The district court consolidated the actions.
Reed and Ackerson (Plaintiffs) alleged that the Contractor Defendants’ dredging activities caused environmental damage to
The United States filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1), claiming the court lacked subject matter jurisdiction because Reed had not filed an administrative claim as required by the Admiralty Extension Act.
While the Contractor Defendants’ motion was pending before the district court, some of the Contractor Defendants (Limitation Defendants) filed complaints under the Limitation of Liability Act,
The Plaintiffs filed a motion to stay the limitation actions and allow their claims against all of the Contractor Defendants to continue. The district court held a hearing on the Contractor Defendants’ motion to dismiss and the Plaintiffs’ motion to stay the limitation actions. Because the stays prevented the court from holding a hearing with respect to the Limitation Defendants, the action proceeded only as to the Bean Defendants, but the Limitation Defendants participated as amicus curiae.
The court granted the Contractor Defendants’ motion to dismiss under Rules 12(b)(1) and 12(c), concluding that the Contractor Defendants had government-contractor immunity under Yearsley v. W.A. Ross Construction Co.
The Plaintiffs appealed these rulings, and the appeals were consolidated. The Plaintiffs claim the district court erred in
II
We review a grant of judgment on the pleadings under Rule 12(c) de novo.
In Yearsley, the Supreme Court considered whether a contractor that built dikes in the Missouri River pursuant to a contract with the federal government could be held liable for damage caused by the construction of the dikes.
The Plaintiffs contend that invoking Yearsley requires the government contractor to show that an agency relationship existed between the contractor and the government, and they argue that in this case an agency relationship is not evident on the face of the pleadings. To support their argument, the Plaintiffs rely on language from this court’s decision in Bynum v. FMC Corp.,
The language regarding agency on which the plaintiffs rely appears in an introductory section of the Bynum opinion entitled “Legal Background,” which provided “a brief overview ... of the [modern government contractor] defense’s historic analogues and the reasons provided by federal and state courts for the adoption of the modern defense.”
The court’s statement in Bynum is not compelled by our prior case law. The Bynum court cited to Whitaker v. Harvell-Kilgore Corp.
The Supreme Court’s decision in Years-ley does not require a public-works contractor defendant to establish a traditional agency relationship with the government. Yearsley does use the word “agent”
Other courts applying Yearsley have likewise not discussed an agency requirement.
The Supreme Court has not abrogated or overturned Yearsley, and the Court’s most recent reference to that decision was a favorable citation in Boyle.
The applicability of Yearsley is established on the face of the Plaintiffs’ complaint, and accordingly, we hold that the district court did not err in dismissing the action.
III
Plaintiffs also contend that the district court should have dismissed their claims against the Contractor Defendants without prejudice, arguing that the Years-ley defense is jurisdictional in nature. This court’s opinion in Bynum acknowledges that “the basis of the contractor’s defense is not altogether clear from the text of the [Yearsley] opinion” and suggests that the basis for dismissing a Years-ley claim would be sovereign immunity.
However, the Court’s opinion in Yearsley itself countenances against its application to deprive the federal courts of jurisdiction. Yearsley does not discuss sovereign immunity or otherwise address the court’s power to hear the case.
IV
The Plaintiffs also appeal the district court’s denial of their motion to amend their complaints. We review the district court’s denial of a motion to amend for abuse of discretion.
Defendants failed to follow requirements of 33 CFR Parts 335-38, particularly 33 CFR 336.1(c)(4) and 33 CFR 320.4(b) and Executive Order No. 11990 made applicable thereby. The Dredging Defendants deviated from and/or failed to execute their dredging activities in the manner required by the Army Corps of Engineers and by the Nationwide Permits, specific permits, or general authorizations for dredging issued by or obtained by the Army Corps of Engineers pursuant to 33 CFR §§ 337.5 and 338.2. Furthermore, all defendants failed to follow State requirements (made applicable by 33 CFR 337.2) including those contained in Chapter 7, Sections 701 and 707 of the Louisiana Administrative Code related to dredging activities.
While there is a strong presumption in favor of granting leave to amend,
V
The Plaintiffs also appeal the district court’s denial of their request to conduct discovery. The Plaintiffs claim that the district court should have allowed discovery so that they could obtain the contracts between the Contractor Defendants and the government to determine the relationship between the government and the Contractor Defendants and to identify the Contractor Defendants’ obligations under the contracts.
We review a district court’s denial of discovery for abuse of discretion.
VI
Finally, the Plaintiffs contend that the district court erred in dismissing the claims against the Limitation Defendants without first lifting the automatic stay imposed by the limitation actions. When a shipowner files a petition under the Limitation of Liability Act,
A district court’s failure to comply with formal procedural requirements is a ground for reversing a judgment when “the failure substantially prejudiced one of the parties.”
Because we hold that the Contractor Defendants are entitled to government-contractor immunity under Yearsley and that the Plaintiffs’ other claims are without merit or are harmless error, we AFFIRM the district court’s dismissal and DENY the motion to dismiss the appeal as moot.
. 46 U.S.C. § 30101.
. Id. § 30511.
. In re Port Arthur Towing Co., 42 F.3d 312, 315 (5th Cir. 1995).
. 309 U.S. 18, 60 S.Ct. 413, 84 L.Ed. 554 (1940).
. Doe v. MySpace, Inc., 528 F.3d 413, 418 (5th Cir. 2008).
. Yearsley, 309 U.S. at 19-20, 60 S.Ct. 413.
. Id.
. 770 F.2d 556 (5th Cir. 1985).
. Id. at 564.
. Id. (emphasis added).
.Id. at 560.
. Id. at 574.
. See Breen v. Tex. A&M Univ., 485 F.3d 325, 336 (5th Cir. 2007).
. 418 F.2d 1010 (5th Cir. 1969).
. Bynum, 770 F.2d at 564 & n. 11.
. Whitaker, 418 F.2d at 1012, 1014-15, 1018.
. Id. at 1014 (citing Powell v. U.S. Cartridge Co., 339 U.S. 497, 70 S.Ct. 755, 94 L.Ed. 1017 (1950)).
. 339 U.S. 497, 70 S.Ct. 755, 94 L.Ed. 1017 (1950).
. 487 U.S. 500, 512, 108 S.Ct. 2510, 101 L.Ed.2d 442 (1988) (establishing a three-prong analysis to determine the liability of government contractors in the context of military-equipment manufacturing).
. Yearsley v. W.A. Ross Constr. Co., 309 U.S. 18, 21, 60 S.Ct. 413, 84 L.Ed. 554 (1940) (“Where an agent or officer of the Government purporting to act on its behalf ....” (emphasis added)); id. at 22, 60 S.Ct. 413 ("[T]here is no ground for holding its agent liable .... The action of the agent is 'the act of the government.' ” (emphasis added) (quoting United States v. Lynah, 188 U.S. 445, 465, 23 S.Ct. 349, 47 L.Ed. 539 (1903), overruled in part on other grounds by United States v. Chicago, M., St. P. & P.R. Co., 312 U.S. 592, 61 S.Ct. 772, 85 L.Ed. 1064 (1941))).
. Id. at 23, 60 S.Ct. 413 (“[TJhere is no contention, or basis for one, that if the contractor was acting for the Government in prosecuting its work in aid of navigation without the taking of property, the contractor would be subject to the asserted liability.” (emphasis added)).
. Id. at 22, 60 S.Ct. 413 ("[I]t excludes liability of the Government’s representatives lawfully acting on its behalf .... ” (emphasis added)).
. See, e.g., Myers v. United States, 323 F.2d 580, 583 (9th Cir. 1963) (citing Yearsley and concluding, without discussing agency, that the government contractor could not be held liable); Gulf Ref. Co. v. Mark C. Walker & Son Co., 124 F.2d 420, 425 (6th Cir. 1942) (considering the liability of a contractor who built levees that allegedly caused damages to the plaintiff and citing Yearsley, among other cases and without discussing agency, for the proposition that "a contractor or subcontractor doing work for the government in accordance with its requirements is not liable to a third person for its incidental effect upon his property, and that there is no presumption of negligence”); Dolphin Gardens, Inc. v. United States, 243 F.Supp. 824, 827 (D.Conn. 1965) (quoting agency language from Yearsley but not analyzing the relationship between the contractor and the government to determine whether an agency relationship existed and granting summary judgment in favor of the defendant dredger). But cf. McMahon v. Presidential Airways, Inc., 502 F.3d 1331, 1343 (11th Cir. 2007) (considering a contractor’s claim of derivative sovereign immunity under Feres v. United States, 340 U.S. 135, 71 S.Ct. 153, 95 L.Ed. 152 (1950), for damages claimed by soldiers killed in an airplane crash and citing Yearsley and Whitaker v. Harvell-Kilgore Corp. for the proposition that if derivative sovereign immunity does exist, "the entity claiming the immunity must at a bare minimum have been a common law agent of the government at the time of the conduct underlying the lawsuit”).
. 323 F.2d 580 (9th Cir. 1963).
. Id. at 581.
. Id. at 583 (citing Yearsley, 309 U.S. 18, 60 S.Ct. 413, 84 L.Ed. 554).
. See Agredano v. U.S. Customs Serv., 223 Fed.Appx. 558, 558 (9th Cir. 2007) ("[A] company contracting with the federal government cannot be held liable for injuries third parties incur as a result of the contract’s execution, where the contract is legal and the company does not breach the terms of the contract.” (citing Myers, 323 F.2d at 583)).
. See Boyle v. United Techs. Corp, 487 U.S. 500, 506, 108 S.Ct. 2510, 101 L.Ed.2d 442 (1988).
. Yearsley, 309 U.S. at 21, 60 S.Ct. 413.
. Bynum v. FMC Corp., 770 F.2d 556, 564 (5th Cir. 1985).
. See Portis v. Polk Constr. Co., 694 F.2d 520, 524 (8th Cir. 1982).
. See, e.g., United States ex rel. Ali v. Daniel, Mann, Johnson & Mendenhall, 355 F.3d 1140, 1146 (9th Cir. 2004) (using "government contractor defense”).
. See Fed.R.Civ.P. 12(h)(3) ("If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action.”); Arbaugh v. Y&H Corp., 546 U.S. 500, 514, 126 S.Ct 1235, 163 L.Ed.2d 1097 (2006) ("[Wjhen a federal court concludes that it lacks subject-matter jurisdiction, the court must dismiss the complaint in its entirety.”); Bodin v. Vagshenian, 462 F.3d 481, 484 (5th Cir. 2006) ("[Sovereign] immunity deprives federal courts of subject matter jurisdiction.”) (citing Chapa v. U.S. Dep't of Justice, 339 F.3d 388, 389 (5th Cir. 2003)).
.Cf. Ali, 355 F.3d at 1147 ("However, the government contractor defense does not confer sovereign immunity on contractors.” (citing Boyle, 487 U.S. at 505 n. 1, 108 S.Ct. 2510)).
. Yearsley v. W.A. Ross Constr. Co., 309 U.S. 18, 23, 60 S.Ct. 413, 84 L.Ed. 554 (1940).
. See Mullins v. TestAmerica, Inc., 564 F.3d 386, 407 n. 9 (5th Cir. 2009) ("[The appellant’s] inadequate briefing waives this claim.”).
. See Briggs v. Mississippi, 331 F.3d 499, 508 (5th Cir. 2003).
. Fin. Acquisition Partners LP v. Blackwell, 440 F.3d 278, 291 (5th Cir. 2006).
. Pan-Islamic Trade Corp. v. Exxon Coip., 632 F.2d 539, 546 (5th Cir. 1980) (citing DeLoach v. Woodley, 405 F.2d 496 (5th Cir. 1969) and Byrne v. Kysar, 347 F.2d 734 (7th Cir. 1965)), abrogated on other grounds, Todorov v. DCH Healthcare Auth., 921 F.2d 1438, 1451 n. 19 (11th Cir. 1991).
. Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955, 1965, 167 L.Ed.2d 929 (2007).
. Id. at 1964-65 (internal quotation marks omitted) (second alteration in original); see also Fernandez-Montes v. Allied Pilots Ass’n, 987 F.2d 278, 284 (5th Cir. 1993) ("[C]onclusory allegations or legal conclusions masquerading as factual conclusions will not suffice to prevent a motion to dismiss.”).
. Cf. Twombly, 127 S.Ct. at 1970 n. 10 ("Whereas the model form alleges that the defendant struck the plaintiff with his car while plaintiff was crossing a particular highway at a specified date and time, the complaint here furnishes no clue as to which of the four ILECs (much less which of their employees) supposedly agreed, or when and where the illicit agreement took place .... [A] defendant seeking to respond to plaintiffs' conclusory allegations ... would have little idea where to begin.”).
. See Alpine View Co. v. Atlas Copco AB, 205 F.3d 208, 220 (5th Cir. 2000).
. Doe v. MySpace, Inc., 528 F.3d 413, 418 (5th Cir. 2008).
. Ferrer v. Chevron Corp., 484 F.3d 776, 782 (5th Cir. 2007); see also Sw. Bell Tel., LP v. City of Houston, 529 F.3d 257, 263 (5th Cir. 2008) ("AT&T maintains ... it was entitled to discovery prior to the district court’s dismissal-ruling. To the contrary, when deciding, under Rule 12(b)(6), whether to dismiss ... the court considers, of course, only the allegations in the complaint.”).
. 46 U.S.C.§ 30511.
. See In re Port Arthur Towing Co., 42 F.3d 312, 315 (5th Cir. 1995).
. Id. at 316.
. See Shafer v. Army & Air Force Exch. Serv., 376 F.3d 386, 393 (5th Cir. 2004) ("Although as a general matter, the failure to comply with formal procedural requirements is not always grounds for reversing a judgment, in this case the failure substantially prejudiced one of the parties.”).
.Cf. id. at 393-94 (noting that there was substantial prejudice arising from the deviation from procedural requirements because the procedural defect (1) prevented the defendant from electing a jury trial, (2) led the special master to apply an incorrect legal standard, and (3) deprived the defendant of its right to object to the referral of the matter to a special master).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.