§Why CasetextPricing

Strickert v. Neal

MOTION for Partial Summary Judgment DEFENDANTS CHARLES C. NEAL, MOLOKINI DIVERS, INC. dba SCUBA SHACK, and NEALCO INTERNATIONAL, LLC dba SCUBA SHACKS MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO COUNTS I, II, AND V OF THE FIRST AMENDED COMPLAINT FOR COMPENSATORY AND PUNITIVE DAMAGES FOR MARITIME PERSONAL INJURY, 11 FILED 12/02/15 IN CIV. NO. 15-CV00409 JMS-KSC Jason M. Tani appearing for Defendant Charles C. Neal

23 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,991 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

  2. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,978 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  3. Chandris, Inc. v. Latsis

    515 U.S. 347 (1995)   Cited 681 times   7 Legal Analyses
    Holding that the Jones Act and the LHWCA are "mutually exclusive compensation regimes"

  4. Atlantic Sounding Co. v. Townsend

    557 U.S. 404 (2009)   Cited 340 times   17 Legal Analyses
    Holding that punitive damages can be awarded if a shipowner's failure to timely pay maintenance and cure was "willful"

  5. McDermott International, Inc. v. Wilander

    498 U.S. 337 (1991)   Cited 527 times   2 Legal Analyses
    Holding that Jones Act status turns on the employee's “precise relation” to the vessel

  6. Addisu v. Fred Meyer, Inc.

    198 F.3d 1130 (9th Cir. 2000)   Cited 1,459 times
    Holding that § 1985 "prohibits two or more persons from conspiring to deprive any person or class of persons of the equal protection of the law"

  7. Harbor Tug Barge Co. v. Papai

    520 U.S. 548 (1997)   Cited 306 times   2 Legal Analyses
    Holding that a worker hired to paint a tugboat while it was moored at a dock was not a seaman

  8. Kennedy v. Applause, Inc.

    90 F.3d 1477 (9th Cir. 1996)   Cited 511 times   1 Legal Analyses
    Holding that Rule 4 did not apply because the amount of fees and costs had yet to be determined and the district court had requested briefing on the matter

  9. Rivera v. National R.R. Passenger Corp.

    331 F.3d 1074 (9th Cir. 2003)   Cited 180 times   1 Legal Analyses
    Holding that termination for complaining about the illegal drug use of others did not implicate a public policy sufficient to sustain wrongful termination in violation of public policy

  10. Cosmopolitan Co. v. McAllister

    337 U.S. 783 (1949)   Cited 278 times
    Holding that under the Jones Act only one entity could be sued as an employer

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,861 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 157,408 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 30104 - Personal injury to or death of seamen

    46 U.S.C. § 30104   Cited 997 times   12 Legal Analyses
    Granting injured seamen a right to a jury trial in Jones Act cases