34 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 236,210 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"
Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 216,309 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"
Lewis v. Lewis Clark Marine, Inc.
531 U.S. 438 (2001) Cited 561 times
Holding that "[t]rial by jury is an obvious . . . example of the remedies available" under the savings to suitors clause of 28 U.S.C. § 1333
Scindia Steam Navigation Co. v. De Los Santos
451 U.S. 156 (1981) Cited 643 times 4 Legal Analyses
Holding that when no contract, positive law, or custom was alleged, shipowner was not responsible for dangerous condition arising during cargo loading operations
Mitchell v. Trawler Racer, Inc.
362 U.S. 539 (1960) Cited 772 times
Holding that shipowner's actual or constructive notice of a temporary unseaworthy condition is not required to support liability for unseaworthiness
Marine Terminals v. Shipping Co.
394 U.S. 404 (1969) Cited 192 times 1 Legal Analyses
Suggesting that reciprocity can exist without privity, so as to require indemnity
Campbell v. PMI Food Equipment Group, Inc.
509 F.3d 776 (6th Cir. 2007) Cited 143 times 2 Legal Analyses
Finding absence of close nexus between food plant and the government where government "did nothing more than authorize and approve a contract that provided tax benefits conditioned on PMI opening" a new plant
Kirksey v. Tonghai Maritime
535 F.3d 388 (5th Cir. 2008) Cited 62 times 1 Legal Analyses
Reversing judgment for stevedore and holding that the defect in the slewing brake of the crane was open and obvious because the crane operator testified that he could tell that there was something wrong with the braking mechanism "as soon as he began operating the crane"
Greenwood v. Societe Francaise De
111 F.3d 1239 (5th Cir. 1997) Cited 76 times
Holding that purposes of Rule 50 are satisfied when court and plaintiff are alerted to grounds on which defendant contends evidence is insufficient prior to submission of case to jury
Gravatt v. City of New York
226 F.3d 108 (2d Cir. 2000) Cited 66 times
In Gravatt, a journeyman dock builder, who was employed by a construction contractor retained by the City of New York to repair one of its bridges, was injured while working on a barge chartered by the contractor at a construction site.
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 328,736 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 905 - Exclusiveness of liability
33 U.S.C. § 905 Cited 1,876 times 6 Legal Analyses
Providing that the employer’s liability for covered injuries "shall be exclusive and in place of all other liability of such employer to the employee"

Weaver et al v. Signal Mountain Cement Co. et al

34 Cited authorities

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"

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"

Holding that "[t]rial by jury is an obvious . . . example of the remedies available" under the savings to suitors clause of 28 U.S.C. § 1333

Holding that when no contract, positive law, or custom was alleged, shipowner was not responsible for dangerous condition arising during cargo loading operations

Holding that shipowner's actual or constructive notice of a temporary unseaworthy condition is not required to support liability for unseaworthiness

Suggesting that reciprocity can exist without privity, so as to require indemnity

Finding absence of close nexus between food plant and the government where government "did nothing more than authorize and approve a contract that provided tax benefits conditioned on PMI opening" a new plant

Reversing judgment for stevedore and holding that the defect in the slewing brake of the crane was open and obvious because the crane operator testified that he could tell that there was something wrong with the braking mechanism "as soon as he began operating the crane"

Holding that purposes of Rule 50 are satisfied when court and plaintiff are alerted to grounds on which defendant contends evidence is insufficient prior to submission of case to jury

In Gravatt, a journeyman dock builder, who was employed by a construction contractor retained by the City of New York to repair one of its bridges, was injured while working on a barge chartered by the contractor at a construction site.

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Providing that the employer’s liability for covered injuries "shall be exclusive and in place of all other liability of such employer to the employee"