RAYMARK INDUSTRIES, INC.
v.
BATH IRON WORKS CORP. ET AL.; EAGLE-PICHER INDUSTRIES, INC. V. UNITED STATES; AND RAYMARK INDUSTRIES, INC., ET AL. V. UNITED STATES

U.S. | 1986-05-19
Nos. 85-1246; No. 85-1253; No. 85-1288
476 U.S. 1126 Supreme Court of the United States (1986) Caution
Cited by 49 cases
Dissent
Justice White,

Justice White,

dissenting.

In No. 85-1246, petitioner, an asbestos manufacturer, is the defendant in a products liability suit brought by the widow of a deceased employee of respondent Bath Iron Works’ shipyard. Petitioner sought contribution from respondent on various theories, including a claim under § 5(b) of the Longshoremen’s and Harbor Workers’ Compensation Act, 86 Stat. 1263, 33 U. S. C. § 905(b). The United States Court of Appeals for the First Circuit held that § 5(b) covers only those torts that are within the reach of admiralty jurisdiction as defined in Executive Jet Aviation, Inc. v. City of Cleveland, 409 U. S. 249 (1972). Drake v. Raymark Industries, Inc., 772 F. 2d 1007 (1985). The First Circuit concluded that ship construction does not satisfy the “maritime nexus” test of Executive Jet. As the First Circuit realized, its interpretation of the scope of § 5(b) conflicts with the decision in Hall v. Hvide Hull No. 3, 746 F. 2d 294 (CA5 1984), which holds that employees covered by the LHWCA who sue under § 5(b) need not satisfy the “maritime nexus” test of Executive Jet so long as the underlying event took place on a ship on navigable water. In Nos. 85-1253 and 85-1288, which involve third-party claims by asbestos manufacturers against the United States as vessel owner and shipyard employer, the First Circuit followed its holding in Drake, supra, regarding the scope of §5(b). In re All Maine Asbestos Litigation (PNS Cases), 772 F. 2d 1023 (1985).

I would grant certiorari to resolve the conflict presented in these cases.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By (23 total)

  • State v. Carlton Rolle, 560 So. 2d 1154 (Fla. 1990)
    …ntexts as creating an inference. See State v. Waters, 436 So. 2d 66 (Fla.1983) (burglary); State v. Ferrari, 398 So. 2d 804 (Fla.1981) (misappropriation of construction funds), contra, Miller v. Norvell, 775 F. 2d 1572 (11th Cir.1985), cert. denied, 476 U.S. 1126, 106 S.Ct. 1995, 90 L.Ed.2d 675 (1986); Fitzgerald v. State, 339 So. 2d 209 (Fla.1976) (auto theft). We see no reason to interpret such language differently in this context, especially as the statute expressly encourages the introduction of evidence…
    1 / 3
  • Marcolini v. State, 673 So. 2d 3 (Fla. 1996)
    …e, 560 So. 2d 1154; see also Charles W. Eh-rhardt, Florida Evidence § 301.2 (1995 ed.). . We recognize that the statutory presumption addressed in Ferrari was held unconstitutional in Miller v. Norvell, 775 F. 2d 1572 (11th Cir.1985), cert, denied, 476 U.S. 1126, 106 S.Ct. 1995, 90 L.Ed.2d 675 (1986), but find that our decision in Ferrari holding section 713.34(3), Florida Statutes (1979) constitutional remains good law. See Wilhelm 568 So. 2d at 3 (citing Sandstrom, 442 U.S. at 516, 99 S.Ct. at 2455, for t…
  • Wilhelm v. State, 544 So. 2d 1144 (Fla. 2d DCA 1989)
    …t that, as given, the instruction creates a mandatory rebuttable presumption of impairment and thus violates the due process clause of both the United States and Florida constitutions. Miller v. Norvell, 775 F. 2d 1572 (11th Cir.1985), cert. denied, 476 U.S. 1126, 106 S.Ct. 1995, 90 L.Ed.2d 675 (1986); Yost v. State, 542 So. 2d 419 (Fla. 4th DCA 1989); Frazier v. State, 530 So. 2d 986 (Fla. 1st DCA 1988); Rolle v. State, 528 So. 2d 1208 (Fla. 4th DCA 1988). Constitutional error does not in every circumstanc…
    1 / 2

Previewing 3 of 23 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw