DEEM v. WILLIAM POWELL CO.

No. 20-35165.

33 F.4th 554 (2022)

Sherri L. DEEM, individually and as Personal Representative for the estate of Thomas A. Deem, deceased, Plaintiff-Appellant, v. The WILLIAM POWELL COMPANY; John Crane, Inc.; Crosby Valve, LLC; Ingersoll-Rand Company, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 29, 2022.


Attorney(s) appearing for the Case

Lisa W. Shirley (argued) and Ka'Leya Q. Hardin , Dean Omar Branham Shirley LLP, Dallas, Texas; Thomas J. Breen , Lucas Garrett , and Elizabeth McLafferty , Schroeter Goldmark & Bender, Seattle, Washington; for Plaintiff-Appellant.

Brian J. Schneider (argued), Hawkins Parnell & Young LLP, Chicago, Illinois; Ronald C. Gardner , Gardner Tabolsi & Mordehkov PLLC, Seattle, Washington; James D. Hicks , Foley & Mansfield PLLP, Seattle, Washington; for Defendants-Appellees.

Before: M. Margaret McKeown and Ronald M. Gould, Circuit Judges, and Jed S. Rakoff, District Judge.


OPINION

We must decide whether a wrongful death claim under admiralty jurisdiction first accrues on or after the date of the death of a seaman, or whether it accrues when the seaman first learned of his illness or injury. For the reasons that follow, we hold that a wrongful...

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