Raymark Industries, Inc. v. Bath Iron Works Corp.
Cases that cite this one
41 later published cases cite this decision. The 24 that cite it most often are listed here.
- Ozzello v. Peterson Builders, Inc. (District Court, E.D. Wisconsin 1990)
- Eagle-Picher Industries, Inc. v. United States (District Court, E.D. Pennsylvania 1987)
- Eagle-Picher Industries, Inc. v. United States (3d Cir. 1988)
- Manuela Rodriguez v. United States (1st Cir. 1995)
- Palmroy P.K. Bush v. Eagle-Picher Industries, Inc., Defendant-Third-Party v. United States of America, Third-Party-Defendant-Appellant (3d Cir. 1991)
- Wallace S. Harwood, Jr. v. Partredereit Af 15.5.81, Wallace S. Harwood, Jr. v. Partredereit Af 15.5.81 (4th Cir. 1991)
- Carter v. US (Veterans Administration) (District Court, N.D. Indiana 1991)
- Stephen J. Shea v. Rev-Lyn Contracting Co., Inc. (1st Cir. 1989)
- Barbara Butler v. American Trawler Company, Inc. (1st Cir. 1989)
- Dean v. State (La. Ct. App. 1989)
- Butler v. American Trawler Co., Inc. (District Court, D. Maine 1989)
- Thomas Carey v. Bahama Cruise Lines (1st Cir. 1988)
- L.L. Bean, Inc. v. Drake Publishers, Inc. (1st Cir. 1987)
- General Electric Company v. United States (4th Cir. 1987)
- General Electric Co. v. United States (4th Cir. 1987)
- In re All Maine Asbestos Litigation (District Court, D. Maine 1986)
- Burnett v. A. BOTTACCHI SA De NAVEGACION (United States District Court for the Southern District of Florida 1994)
- Miller v. Penobscot Bay Medical Associates (District Court, D. Maine 1993)
- Bonnette v. Shell Offshore, Inc. (District Court, S.D. Texas 1993)
- Walls Industries, Inc. v. U.S. (5th Cir. 1992)
- Walls Industries, Inc. v. United States (5th Cir. 1992)
- Rafael Triguero v. Consolidated Rail Corporation, Consolidated Rail Corporation, Third-Party v. Universal Maritime Service Corporation, Third-Party (2d Cir. 1991)
- United States v. Pretty Products, Inc. (District Court, S.D. Ohio 1991)
- Eagle-Picher Industries, Inc. v. United States (D.C. Cir. 1991)
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 of the Court
C. A. 1st Cir. Certiorari denied.
Dissenting Opinion
dissenting.
In No. 85-1246, petitioner, an asbestos manufacturer, is the defendant in a products liability suit brought by the widow of a deceased employee of respondent Bath Iron Works’ shipyard. Petitioner sought contribution from respondent on various theories, including a claim under § 5(b) of the Longshoremen’s and Harbor Workers’ Compensation Act, 86 Stat. 1263, 33 U. S. C. § 905(b). The United States Court of Appeals for the First Circuit held that § 5(b) covers only those torts that are within the reach of admiralty jurisdiction as defined in Executive Jet Aviation, Inc. v. City of Cleveland, 409 U. S. 249 (1972). Drake v. Raymark Industries, Inc., 772 F. 2d 1007 (1985). The First Circuit concluded that ship construction does not satisfy the “maritime nexus” test of Executive Jet. As the First Circuit realized, its interpretation of the scope of § 5(b) conflicts with the decision in Hall v. Hvide Hull No. 3, 746 F. 2d 294 (CA5 1984), which holds that employees covered by the LHWCA who sue under § 5(b) need not satisfy the “maritime nexus” test of Executive Jet so long as the underlying event took place on a ship on navigable water.
In Nos. 85-1253 and 85-1288, which involve third-party claims by asbestos manufacturers against the United States as vessel owner and shipyard employer, the First Circuit followed its holding in Drake, supra, regarding the scope of §5(b). In re All Maine Asbestos Litigation (PNS Cases), 772 F. 2d 1023 (1985).
I would grant certiorari to resolve the conflict presented in these cases.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.