O'Hara v. Weeks Marine, Inc.

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Argued: March 15, 2001

Appeal from two orders of the United States District Court for the Eastern District of New York (I. Leo Glasser, Judge) granting the defendants’ motions for summary judgment on the plaintiffs’ claims under the Jones Act and the Longshore and Harbor Workers’ Compensation Act, and denying the plaintiffs leave to amend their complaint to add state law claims. We hold that the district court correctly dismissed the Jones Act claims against both defendants. We conclude, however, that the plaintiffs proffered evidence sufficient to withstand Weeks Marine, Inc.’s motion for summary judgment on their claims under the Longshore and Harbor Workers’ Compensation Act. We further hold that this evidence may suffice to state a claim under New York State law. We therefore vacate in part and remand for the district court’s further consideration of these issues.

Affirmed in part, vacated in part, and remanded.

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O'Hara v. Weeks Marine, Inc.

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