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SERVICE ENGINEERING CO. v. EMERY

No. 95-16153.

100 F.3d 659 (1996)

SERVICE ENGINEERING COMPANY, and Majestic Insurance Company, Plaintiffs-Appellants, v. Sherman A. EMERY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided November 15, 1996.

Attorney(s) appearing for the Case

Roger A. Levy, Laughlin, Falbo, Levy & Moresi, San Francisco, California, for plaintiffs-appellants.

David A. Weldy and Philip Harley, Brayton Harley Curtis, Novato, California, and Ann Burr, Oakland, California, for defendant-appellee.

Before: WOOD, JR., SCHROEDER, and HALL, Circuit Judges.

CYNTHIA HOLCOMB HALL, Circuit Judge:

Service Engineering Company ("Service") and Majestic Insurance Company ("Majestic") brought a claim seeking a declaration that California workers' compensation benefits are preempted when a claimant forfeits his benefits under the federal Longshore and Harbor Workers Compensation Act ("LHWCA"), 33 U.S.C. § 901 et seq., for failure to obtain employer approval prior to settlement of a third-party civil suit. The district...

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