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Wayne Volk, et ux. v. A. P. Franz, Jr., et al.
Paid petition · United States Court of Appeals for the Second Circuit, No. 16-1092-cv · judgment October 27, 2017
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Second Circuit decision below, a circuit split argued in the petition, and a petition filed soon after the judgment below.
Question presented
This case poses important questions regarding “seaman” status under the Jones Act as applied to a vessel repair employee working exclusively on a fleet of vessels, while afloat, under the ownership and control of his employer. Question I. Whether a long-term employee engaged exclusively in maintenance and repair work on a fleet of 150-200 deck barges afloat in the Hudson River is a “seaman” under the Jones Act (46 U.S.C. §30104) when the barges are under common ownership/operation of his employer, and he is injured while working on one of the vessels. Question II: Whether the Second Circuit Court of Appeals misapplied the “Chandris test”1 and other authority from the Court by holding, as a matter of law, 1 Chandris v Latsis, 515 U.S. 347 (1995)
Counsel of record
For petitioner
Louis R Koerner Jr.
Koerner Law Firm
For respondent
John Randolph Foster III
Lyons & Flood, LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- Apr 02 2018Petition DENIED.
- Mar 13 2018DISTRIBUTED for Conference of 3/29/2018.
- Mar 12 2018Reply of petitioners Wayne Volk, et ux. filed.
- Feb 26 2018Brief of respondents A. P. Franz, Jr., et al. in opposition filed.
- Jan 23 2018Petition for a writ of certiorari filed. (Response due February 26, 2018)