Opinion · Supreme Court of the United States

McDERMOTT INTERNATIONAL, INC. v. WILANDER, 498 U.S. 337 (1991)

McDERMOTT Int’l, INC. v. WILANDER, 498 U.S. 337 (1991)

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1991-02-19
Topic
general

McDERMOTT INTERNATIONAL, INC. v. WILANDER, 498 U.S. 337 (1991) 111 S.Ct. 807 McDERMOTT INTERNATIONAL, INC. v. WILANDER CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 89-1474 Argued December 3, 1990Decided February 19, 1991 Respondent Wilander, a paint foreman injured at work while assigned to a "paint boat" chartered by petitioner McDermott International, sued McDermott under the Jones Act. The Act provides a cause of action in negligence for "any seaman" injured "in the course of his employment," but does not define "seaman." McDermott moved for summary judgment, alleging that, as a matter of law, Wilander was not a "seaman." The District Court denied the motion, and the jury entered an award for Wilander, finding, inter alia, that the performance of his duties contributed to his vessel's function or to the accomplishment of its mission, and therefore satisfied the Fifth Circuit's test for seaman status. The Fifth Circuit affirmed, refusing to abandon its test in favor of the Seventh Circuit's more stringent standard, which, in effect, requires that a "seaman" aid in the navigation of the vessel.

Citator

UpLaw has not yet analyzed McDERMOTT INTERNATIONAL, INC. v. WILANDER, 498 U.S. 337 (1991). The absence of a flag is not a finding that it is good law.