Supreme Court of the United States, 1982

Pearlie Simmons v. Sea-Land Services, Inc.

Supreme Court of the United States · Decided October 12, 1982 · White, O'Connor

459 U.S. 931; 103 S. Ct. 242; 74 L. Ed. 2d 190; 51 U.S.L.W. 3285; 1982 U.S. LEXIS 195 (United States Reports)

Cases that cite this one

25 later published cases cite this decision.

Danny C. Cross v. City of Chicago, a Municipal Corporation, and Robert Faulkner, Both as Agent and Individually (7th Cir. 1993)
State v. Johnson (S.C. 2000)
State v. Barksdale (S.C. Ct. App. 1993)
State v. Torrence (S.C. 1991)
Adams v. South Carolina (Supreme Court of the United States 1983)
Keller v. United States (District Court, D. New Hampshire 1983)
MacKenzie v. Caldwell Shipping Co. (United States District Court for the Middle District of Florida 1983)
Williamson v. The M/V Sandra Wesch (District Court, S.D. Texas 1982)
State v. Wood (S.C. 2004)
Smith v. State (Ala. Crim. App. 2000)
State v. Bennett (S.C. 1997)
State v. Ivey (S.C. 1997)
State v. Rogers (S.C. 1996)
State v. Breech (S.C. 1992)
Christopher Leecan v. Raymond Lopes, Commissioner of Correction (2d Cir. 1990)
Butler v. State (S.C. 1990)
State v. Findlay (Conn. 1986)
State v. Leecan (Conn. 1986)
State v. Koon (S.C. 1985)
Butler v. State (S.C. 1985)
State v. Plemmons (S.C. 1985)
Singletary v. State (S.C. 1984)
State v. Spann (S.C. 1983)
Simmons v. Sea-Land Services, Inc. (Supreme Court of the United States 1983)
Butler v. South Carolina (Supreme Court of the United States 1982)

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

459 U.S. 931

103 S.Ct. 242

74 L.Ed.2d 190

Pearlie SIMMONS, et al.
v.
SEA-LAND SERVICES, INC., et al

No. 82-56

Supreme Court of the United States

October 12, 1982

On petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit.

The petition for writ of certiorari is denied.

Justice WHITE, with whom Justice O'CONNOR joins, dissenting from the denial of certiorari.

Under § 33(b) of the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C. § 933(b), the six-month period within which an injured longshoreman must commence a third-party negligence action against a shipowner begins upon his "(a)cceptance of compensation under an award in a compensation order." In this case, the Fourth Circuit held that, in effect, this period begins whenever an injured longshoreman accepts a compensation payment from his employer, even if he does not know at that time what his ultimate recovery will be. This approach conflicts with that of the Second Circuit, which has held that the six-month period begins only when the total amount of compensation benefits to be received by the injured worker is fixed, either by order, stipulation of the parties, or informal award. See Verderame v. Torm Lines, 670 F.2d 5, 7 (CA2 1982). See also D'Amico v. Cia de Nav. Mar. Netumar, 677 F.2d 249 (CA2 1982). I would grant certiorari in order to resolve the conflict.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.