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HELMAN v. ALCOA GLOBAL FASTENERS, INC.

No. 09-56501.

637 F.3d 986 (2011)

Tonya HELMAN, individually and as Personal Representatives of and Successors-In-Interest to the Successor Estate of Cory Helman, deceased; Jim Helman, individually and as Personal Representatives of and Successors-In-Interest to the Successor/Estate of Cory Helman, deceased; Sandy Helman, individually and as Personal Representatives of and Successors-In-Interest to the Successor/Estate of Cory Helman, deceased; B.W., a female minor, by and through their Guardian Ad Litem, Victoria Will; B.W., male minor, by and through their Guardian Ad Litem, Victoria Will; Victoria Will, individually and as Personal Representatives of and Successors-In-Interest to the Successor/Estate of Christopher Will, deceased; Craig Will, individually and as Personal Representatives of and Successors-In-Interest to the Successor/Estate of Christopher Will, deceased; David Dyer, individually and as Personal Representatives of and Successors-In-Interest to the Successor/Estate of Adam Dyer, deceased; Stephanie Dyer, individually and as Personal Representatives of and Successors-In-Interest to the Successor/Estate of Adam Dyer, deceased, Plaintiffs-Appellants, v. ALCOA GLOBAL FASTENERS, INC., a California Corporation; Pacific Scientific, a Corporation; Hi-Shear Corporation, a California Corporation; Sikorsky Aircraft Corporation, a Corporation; Sikorsky Support Services, Inc., a Corporation; Parker-Hannifin Corporation, a Corporation; General Electric, a Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 14, 2011.

Attorney(s) appearing for the Case

James Paul Collins , John P. Kristensen , Terry O'Reilly , Nina Shapirshteyn , Gary Lynn Simms , O'Reilly Collins , San Mateo, CA, for the plaintiffs-appellants.

Kevin Sutherland , Michael A. Hession , Clyde and Co US, LLP, San Francisco, CA, Stephen Brunk , Law Office of Stephen K. Brunk, La Jolla, CA, Timothy J. Ryan , Rebekka Martorano , The Ryan Law Group, Sacramento, CA, Gregory L. Anderson , Dwyer Daly Brotzen & Bruno, James W. Hunt , Mark R. Irvine , Darrell M. Padgette , Fitzpatrick & Hunt, Tucker, Collier, Pagano, Aubert, LLP, Los Angeles, CA, Christopher R. Christensen , Richard A. Lazenby , Anthony U. Battista , Condon & Forsyth, LLP, Los Angeles, CA, for the defendants-appellees.

Before: BETTY B. FLETCHER, MARSHA S. BERZON, and CONSUELO M. CALLAHAN, Circuit Judges.

OPINION

B. FLETCHER, Circuit Judge:

Appellants bring this interlocutory appeal challenging the district court's grant of a motion to dismiss and a motion for judgment on the pleadings in Appellees' favor based on its conclusion that Appellant's state law claims are preempted by the Death on the High Seas Act (DOHSA). On September 16, 2009, we granted the petition for permission to appeal under 28 U.S.C. § 1292(b), giving us jurisdiction to consider...

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