Supreme Court of United States.https://leagle.com/images/logo.png
Argued April 25, 1983.
Decided May 23, 1983.
Attorney(s) appearing for the Case
William D. Carle III argued the cause for petitioner. With him on the briefs was Lucian Y. Ray.
Thomas W. Gallagher argued the cause for respondent. With him on the briefs was Frank W. Cubbon, Jr.*
Briefs of amici curiae urging affirmance were filed by Solicitor General Lee, Deputy Solicitor General Geller, Richard G. Wilkins, T. Timothy Ryan, Jr., Karen I. Ward, and Mary-Helen Mautner for the United States; by Howard A. Specter, C. Arthur Rutter, Jr., Ross Diamond III, and Paul S. Edelman for the Association of Trial Lawyers of America; and by Charles Sovel for Local 1291, International Longshoremen's Association, AFL-CIO, et al.
Supreme Court of United States.
JUSTICE MARSHALL delivered the opinion of the Court.
Under § 33(b) of the Longshoremen's and Harbor Workers' Compensation Act, an injured longshoreman who accepts "compensation under an award in a compensation order" has six months in which to file a negligence action against a third party, after which time the longshoreman's cause of action is irrevocably assigned to his employer. This case presents the question whether...
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