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TALIK v. FED. MARINE TERMINALS

No. 2006-1808.

117 Ohio St.3d 496 (2008)

2008-Ohio-937

TALIK, Appellee, v. FEDERAL MARINE TERMINALS, INC., Appellant.

Supreme Court of Ohio.

Decided March 13, 2008.

Attorney(s) appearing for the Case

McDonald Hopkins, L.L.C., Jerome W. Cook, Glenn D. Southworth, Matthew M. Nee, and Elizabeth A. Wambsgans, for appellee.

Tucker, Ellis & West, L.L.P., Irene C. Keyse-Walker, and Jeffrey A. Healy, for appellant.

LANZINGER, J.

{¶ 1} In this case, we are asked to determine whether the Longshore and Harbor Workers' Compensation Act ("LHWCA"), Section 901 et seq., Title 33, U.S.Code, preempts a claim under Ohio law alleging that the claimant's employer caused an injury through an intentional act committed with the belief that injury was "substantially certain" to occur. We hold that the federal law preempts a claim against an employer for intentional...

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