[B]Date Decided[/B]: Aug 5th, 2010
[B]Decided By[/B]: Texas Southern District Court (Federal)
[B]Court[/B]: S.D.Tex.
[B]Citation[/B]: 2010 WL 3433056
[B]Background[/B]:
Plaintiff brought this action against his employer for personal injuries when he was injured working ona drilling rig. At the time,the rig was mounted on top of an oil production platform that was attached tothe Outer Continental Shelf. The case was originally brought in state court. Defendant removed the case to federal court under OCSLA. Plaintiff sought to remand the case back to state court. Plaintiff alleged that he qualified as aseaman under the Jones Act, which precluded the case from being removed by thedefendant to federal court. Defendant alleged that plaintiff was not a seaman, and that the federalforum was appropriate under OCSLA and the federal removal statute. Plaintiff alleged that he workedprimarily on vessels. Defendantalleged that plaintiff worked primarily on fixed platforms. Read More…