Barker, Jr. v. Hercules Offshore, Inc., et al, No. 12-20150 (5th Cir. 2013)
Annotate this CasePlaintiff filed suit in Texas state court seeking relief under general maritime law, the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. 901-950, and Texas tort law. Plaintiff claimed that he suffered severe emotional distress from witnessing his friend's death as a result of an accident on a jack-up rig attached to the Outer Continental Shelf. The district court denied plaintiff's motion for remand and granted summary judgment to defendants. The court concluded that the suit was properly removed to federal court under the Outer Continental Shelf Lands Act's, 43 U.S.C. 1331-1356, grant of original federal question jurisdiction, regardless of whether maritime law provided the substantive rule of decision, and regardless of the citizenship of the parties. Because plaintiff could not show a genuine issue of material fact with respect to his claims under either Texas or maritime law, the court affirmed the district court's orders denying remand and granting summary judgment to defendants.
The court issued a subsequent related opinion or order on March 22, 2013.
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