Wallace v. Ryan-Walsh Stevedoring Co., Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that LHWCA section 49 did not preempt state statutory wrongful discharge claim by worker engaged in “maritime but local” employment
• holding that a retaliatory-discharge claim brought pursuant to Texas workers’ compensation act, for which compensatory and punitive damages were recoverable, did not conflict with the LHWCA and was not preempted
• concluding that the jurisprudence in this area is “unequivocally clear that the election of remedies doctrine is inapplicable because ... federal and state remedies are concurrently available and are therefore not irreconcilable”
• pre-Aaron case declining to resolve whether the LHWCA completely preempted a plaintiff’s action because the plaintiff’s claims were not even substantively preempted
• \[T]his Court holds that the question of whether a civil action arises under state workmen's compensation laws for purposes of § 1445(c) is an issue the resolution of which is committed to a federal law analysis.\

Source: CourtListener parenthetical corpus (CC0).