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NIEVES v. HESS OIL VIRGIN ISLANDS CORP.

Nos. 86-3049, 86-3065 to 86-3067, 86-3584 and 86-3585.

819 F.2d 1237 (1987)

Antonio NIEVES and Ellen Schuster Nieves, Appellants, v. HESS OIL VIRGIN ISLANDS CORPORATION. Samuel COTTO, Appellant, v. HESS OIL VIRGIN ISLANDS CORPORATION. Joseph R. TAYLOR, Appellant, v. HESS OIL VIRGIN ISLANDS CORPORATION. George THOMAS, Appellant, v. HESS OIL VIRGIN ISLANDS CORPORATION. Phillip SCOTLAND and Pearline Scotland v. HESS OIL VIRGIN ISLANDS CORPORATION, Appellant. Pauliphy PREVOST v. HESS OIL VIRGIN ISLANDS CORPORATION, Appellant.

United States Court of Appeals, Third Circuit.

Decided May 22, 1987.

Rehearing and Rehearing Denied June 18 and June 22, 1987.

Attorney(s) appearing for the Case

John K. Dema, John K. Dema, P.C., Christiansted, St. Croix, U.S. Virgin Islands, for Antonio Nieves and Ellen Schuster Nieves, appellants in No. 86-3049.

Thomas Alkon, Gordon C. Rhea (argued), Christiansted, St. Croix, U.S. Virgin Islands, for Samuel Cotto, appellant in No. 86-3065, Joseph R. Taylor, appellant in No. 86-3066 and George Thomas, appellant in No. 86-3067.

Mary Faith Carpenter, Law Offices of Desmond L. Maynard, St. Thomas, U.S. Virgin Islands, for Phillip Scotland and Pearline Scotland, appellees in No. 86-3584.

John R. Coon, Christiansted, St. Croix, U.S. Virgin Islands, for Pauliphy Prevost, appellee in No. 86-3585.

Britain H. Bryant, Nancy V. Young, St. Croix, U.S. Virgin Islands, M. David Gelfand (argued), New Orleans, La., for Hess Oil Virgin Islands Corp., appellee in No. 86-3049, No. 86-3065, No. 86-3066, and No. 86-3067, appellant in No. 86-3584 and No. 86-3585.

Before SLOVITER, STAPLETON and ROSENN, Circuit Judges.

Rehearing and Rehearing In Banc in Nos. 86-3049, 86-3065 to 86-3067, and 86-3585 Denied June 18 and June 22, 1987.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

The issue on appeal is whether the Virgin Islands legislature's amendment of the Virgin Islands Workmen's Compensation Act (the Act) to retroactively eliminate application of the "borrowed employee" doctrine as a bar to pending tort suits constitutes an unjustified impairment of the contractual...

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