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Ackerson v. Bean Dredging LLC

The Supreme Court's decision in Yearsley v. W.A. Ross Construction Co. does not require a public-works contractor defendant to establish a traditional agency relationship with the government. Other courts applying Yearsley have likewise not discussed an agency requirement. The contractor defendants are entitled to government-contractor immunity under Yearsley . 5th U.S. Circuit Court of Appeals, Nos. 07-30272, 07-30274, 07-30326 & 07-30495, 11-25-2009

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Published opinion

Before REAVLEY, STEWART, and OWEN, Circuit Judges.

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.

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