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TEXAS EMPLOYERS' INS. ASS'N v. JACKSON

Nos. 85-2583, 85-2690.

820 F.2d 1406 (1987)

TEXAS EMPLOYERS' INSURANCE ASSOCIATION, Plaintiff-Appellee, v. Leroy JACKSON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Granted July 15, 1987.

Attorney(s) appearing for the Case

Richard Schechter, Schechter, Eiseman & Solar, Houston, Tex., for defendant-appellant.

Reagan Wm. Simpson, Houston, Tex., Arthur R. Miller, Cambridge, Mass., Steven Lynn Roberts, Stephen Pate, Fulbright & Jaworski, Houston, Tex., for plaintiff-appellee.

Before BROWN, REAVLEY and JONES, Circuit Judges.

Rehearing En Banc Granted July 15, 1987.

JOHN R. BROWN, Circuit Judge:

This case lies at the point where federalism and the Anti-Injunction Act intersect with preemption and the Declaratory Judgment Act. The question is whether the Longshore and Harbor Workers Compensation Act (LHWCA) preempts a state law cause of action for the bad faith withholding of compensation benefits. We affirm the District Court's declaratory judgment that the LHWCA is preemptive...

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