That case is governed by statutes that are entirely different from FOIA. See, e.g., App. at 38 citing the DBA and the LHWCA, 33 U.S.C. § 901 et seq.

Further, there is no evidence offered by the Union that the Collective Bargaining Agreement applies to this set of facts. The collective bargaining agreement's scope is defined as follows: 1 Because the decedent Judy Jones was a longshoreman, as that term is defined under the Longshore Harbor Workers' Compensation Act, 33 USC §901, ef. seq. ("LHWCA"), any claim brought by the decedent's estate against her employer will be barred that statute's exclusivity provision, which indicates that workers' 465756.

Also see Bauer v. Female Academy of Sacred Heart, 97 NY2d 445, 453 (2002); PJI 2:29. As the Court in Pratico, supra, 783 F.2d 255 at 265-66, noted, the Fourth Circuit was presented with a similar issue, when it decided whether a regulation promulgated under the Longshoremen's and Harbor Workers' Compensation Act, 33 U.S.C. Sec. 901, et seq. (1982), was admissible as some evidence of negligence. In Provenza v. American Export Lines, Inc., 324 F.2d 660 (4th Cir.1963), cert.

The director may grant deferrals to public self-insured employers that are not yet capable of accurately reporting the information required, giving priority to bringing larger programsinto compliance with the more detailed reporting. (b) To enable the director to determine the amount of the security deposit required by subdivision (c) of Section 3701, the annual report of a self-insured employer who has self-insured both state and federal workers’ compensation liability shall also set forth (1) the amount of all compensation liability incurred, paid-to-date, and estimated future liability under both this chapter and under the federal Longshore and Harbor Workers’ Compensation Act (33 U.S.C. Sec. 901 et seq.), and (2) the identity and the amount of the security deposit securing the employer’s liability under state and federal self-insured programs. (c) The director shall annually prepare an aggregated summary of all self-insured employer liability to pay compensation reported on the self-insurers’ employers annual reports, including a separate summary for public and private employer self-insurers.

1. Plaintiff Is Covered by the DBA The Defense Base Act (“DBA”), 42 U.S.C. § 1651, extends the death and disability benefits coverage of the Longshore and Harbor Workers Compensation Act (“LHWCA”), 33 U.S.C. §§ 901 et seq., to employees who are employed under a government contract or subcontract: (1) entered into with the United States or an applicable department or agency thereof; (2) that is to be performed outside the continental United States; and (3) entered into for the purpose of engaging in public work. See 42 U.S.C. §§ 1651(a) and (a)(4); Ross v. DynCorp, 362 F. Supp. 2d 344, 352- 353 (D.D.C. 2005).

R. CIV. P. 12(B) ESTATE OF JAMES V. GENERAL DYNAMICS, ET AL., Case No. 3:17-CV- Page 2 of 18 G A R V E Y  S C H U B E R T  B A R E R   E ig h te en th F lo o r 1 1 9 1 S ec o n d A ve n u e S ea tt le , W a sh in g to n 9 8 1 0 1 -2 9 3 9 (2 0 6 ) 4 6 4 -3 9 3 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 claim for relief under Fed. R. Civ. P. 12(b)(6). Plaintiff pleads two bases for subject matter jurisdiction in this Court: diversity of citizenship under 28 U.S.C. § 1332, and an undefined basis under 33 U.S.C. § 905, a non-jurisdictional provision of the federal Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. §§ 901-950 (“LHWCA”). Both bases fail.

The plaintiff’s claim against BHI for unseaworthiness does not meet the standard of Twombly and Iqbal as it fails to state any plausible grounds upon which liability could attach to BHI. C. LHWCA20 Finally, the plaintiff makes an alternative claim for compensation as a longshoreman under the LHWCA (33 U.S.C. §901, et seq.), which requires, among other things, an employer-employee relationship between the defendant and the injured party.21 The plaintiff has not alleged any such relationship between himself and BHI.22 Without an employer-employee relationship, no liability for compensation under the LHWCA can possibly attach to BHI. Thus, there is no facial plausibility that the plaintiff is entitled to relief under this cause of action.

* * * * * * * * * * * * DEFENDANT BALTIC MERCUR'S MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT Plaintiff Troy D. Price, Jr. is a local longshore worker who was injured while on a ship, the M/V Valga (the "Vessel"), in Baltimore Harbor. He sued three defendants, and the matter is governed by the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. §§ 901, et. seq. ("LHWCA").

It oversees retail stores known as Navy Exchanges, which operate in essence as military department stores, offering consumer goods, merchandise, and services to military members, their families, and other authorized patrons; it also has a number of other responsibilities. Case 1:16-cv-06270-KPF Document 13 Filed 01/20/17 Page 3 of 10 2 Harbor Workers’ Compensation Act (“LHWCA”), 33 U.S.C. §§ 901-950, which applies to nonappropriated fund instrumentalities such as NEXCOM, see 5 U.S.C. §§ 8171-8173, must pay certain benefits to qualifying employees who are injured on the job. In 1987, National Union and NEXCOM entered into the Policy to insure some of NEXCOM’s LHWCA workers’ compensation expenses.

Bodily injury to any person in work subject to theby law, include damages: Longshore and Harbor Workers' Compensation 1. For which you are liable to a third party by reason Act (33 USC Sections 901-950), the Nonappro- of a claim or suit against you by that third party to priated Fund Instrumentalities Act (5 USC Sec- recover the damages claimed against such third tions 8171-8173), the Outer Continental Shelf party as a result of injury to your employee; Lands Act (43 USC Sections 1331-1356a), the 2. For care and loss of services; and Defense Base Act (42 USC Sections 1651-1654), the Federal Coal Mine Safety and Health Act (303.