Cited by
Opinions in Louisiana that cite Poche v. Avondale Shipyards, Inc., 339 So. 2d 1212.
-
Eddie Bourque, Jr., Et Ux. v. Anco Insulations, Inc.
La. Ct. App. 3d Cir. 2009
sert that summary judgment was improper in this case because of “the long line of cases in Louisiana that reject LCS’ proposed rule of exclusivity based upon the vagaries of exactly where a land-based worker is injured on the job,” citing Logan v. Louisiana Dock Co., Inc., Beverly v. Action Marine Serv., Inc., and, Richard v. Lake Charles Stevedores, Inc., (La.App.
-
Bourque v. ANCO INSULATIONS, INC.
25 So. 3d 1008
La. Ct. App. 1st Cir. 2009
assert that summaiy judgment was improper in this case because of “the long line of cases in Louisiana that reject LCS’ proposed rule of exclusivity based upon the vagaries of exactly where a land-based worker is injured on the job,” citing Logan v. Louisiana Dock Co., Inc., Beverly v. Action Marine Serv., Inc., and, Richard v. Lake Charles Stevedores, Inc., (La.App.
-
DiBenedetto v. Noble Drilling Co.
23 So. 3d 400
La. Ct. App. 1st Cir. 2009
Poche v. Avondale Shipyards, Inc.
-
Adams v. Owens-Corning Fiberglas Corp.
921 So. 2d 972
La. Ct. App. 1st Cir. 2005
This conclusion from the United States Supreme Court echoes the earlier decision of the Louisiana Supreme Court in Poche v. Avondale Shipyards, Inc., in which the court stated, "[I]t is our opinion that the 1972 amendments to the [LHWCA] were intended to provide additional benefits for land-based maritime workers rather than to deprive them of rights and remedies which they already had."
-
Bourgeois v. GREEN INDUSTRIES
841 So. 2d 902
La. Ct. App. 5th Cir. 2003
This Court addressed this issue fully in Abadie v. Metropolitan Life Insurance, 00-344 at p. 22, 784 So.2d at 67 , in which we stated: We find that the Louisiana Supreme Court case of Poche v. Avondale Shipyards, Inc., (La.
-
Abadie v. Metropolitan Life Ins. Co.
784 So. 2d 46
La. Ct. App. 5th Cir. 2001
Plaintiffs contend, citing Poche v. Avondale Shipyards, Inc., that the LHWCA and the State Workers' Compensation scheme exist as concurrent remedies, and that the existence of the LHWCA does not preclude plaintiffs from electing to pursue their remedies under State law.
-
Hurst v. Boland Machine & Manufacturing Co.
713 So. 2d 857
La. Ct. App. 1st Cir. 1998
Poche v. Avondale Shipyards, Inc., held that when federal and state remedies operated concurrently a plaintiff could use state law even if the relief thereunder exceeded that of federal law.
-
Smith v. Gretna MacH. and Iron Works
646 So. 2d 1096
La. Ct. App. 5th Cir. 1994
See Poche v. Avondale Shipyards, Inc.
-
Green v. Industrial Helicopters, Inc.
593 So. 2d 634
La. 1992
1590 , 36 L.Ed.2d 280 (1973); Poche v. Avondale Shipyards, Inc.
-
Bourgeois v. Puerto Rican Marine Management, Inc.
589 So. 2d 1226
La. Ct. App. 4th Cir. 1991
Poche v. Avondale Shipyards, Inc., appeal dismissed Territo v. Poche, 434 U.S. 803 , 98 S.Ct.
-
Jackson v. AMERICAN MUT. LIABILITY INS.
584 So. 2d 348
La. Ct. App. 3d Cir. 1991
2432 , 65 L.Ed.2d 458 n. 8 (1980); Poche v. Avondale Shipyards, Inc., appeal dismissed, Territo v. Poche, 434 U.S. 803 , 98 S.Ct.
-
Griffis v. Gulf Coast Pre-Stress Co., Inc.
563 So. 2d 1254
La. Ct. App. 1st Cir. 1990
We find no merit to appellant's argument that Poche v. Avondale Shipyards, Inc., (La.App.
-
Hildebrand v. City of New Orleans
549 So. 2d 1218
La. 1989
Poche v. Avondale Shipyards, Inc., (La.
-
Logan v. Louisiana Dock Co., Inc.
541 So. 2d 182
La. 1989
In Poche v. Avondale Shipyards, Inc., we permitted third party negligence actions to proceed under Louisiana law despite the availability of a federal remedy under the LHWCA.
-
Crater v. Mesa Offshore Co.
539 So. 2d 88
La. Ct. App. 3d Cir. 1989
We are not swayed by the many decisions cited by plaintiff such as Jenkins v. McDermott, Inc., 734 F.2d 229 (5th Cir. 1984), vacated on other grounds, 742 F.2d 191 (5th Cir.1984), or Poche v. Avondale Shipyards, Inc.
- Roberts v. Avondale Shipyards, Inc. 537 So. 2d 808 La. Ct. App. 5th Cir. 1989
-
Logan v. Louisiana Dock Co.
526 So. 2d 428
La. Ct. App. 1st Cir. 1988
In Poche v. Avondale Shipyards, Inc., the Louisiana Supreme Court did the opposite of what the trial court did in the instant case.
-
Lewis v. Modular Quarters
508 So. 2d 975
La. Ct. App. 3d Cir. 1987
This holding is in accord with the decision rendered by the Louisiana Supreme Court in Poche v. Avondale Shipyards, Inc.
-
Chance v. Fidelity & Cas. Co. of New York
509 So. 2d 593
La. Ct. App. 3d Cir. 1987
69 (1983); Poche v. Avondale Shipyards, Inc., appeal dismissed, 434 U.S. 803 , 98 S.Ct.
-
Allen v. Keeney
442 So. 2d 1171
La. Ct. App. 1st Cir. 1983
Poche v. Avondale Shipyards, Inc., appeal dismissed 434 U.S. 803 , 98 S.Ct.
-
Beverly v. Action Marine Services, Inc.
433 So. 2d 139
La. 1983
See Poche v. Avondale Shipyards, Inc., Garcia , *143 supra.
-
Thompson v. Teledyne Movible Offshore, Inc.
419 So. 2d 822
La. 1982
The U. S. Supreme Court's conclusion in Sun Ship is the same as that reached earlier by this Court in Poche v. Avondale Shipyards, Inc., (1976) in a well-reasoned opinion by Justice Marcus.
-
Valdez v. Equitable Equipment Co.
383 So. 2d 1371
La. Ct. App. 1st Cir. 1980
III In Poche v. Avondale Shipyards, Inc., (La.
-
Bearden v. Leon C. Breaux Towing
365 So. 2d 1192
La. Ct. App. 3d Cir. 1979
2348 , 53 L.Ed.2d 320 (1977); and Poche v. Avondale Shipyards, Inc.
-
Edwards v. Hartzman
362 So. 2d 1188
La. Ct. App. 1st Cir. 1978
In Poche v. Avondale Shipyards, Inc., the Louisiana Supreme Court held that the Longshoremen and Harbor Workers Compensation Act, 33 U.S.C.
- Wixom v. Travelers Ins. Co. 357 So. 2d 1343 La. Ct. App. 4th Cir. 1978
-
Palmer v. Keeney
357 So. 2d 1339
La. Ct. App. 1st Cir. 1978
This issue as well as several other issues raised have been settled by the case of Poche v. Avondale Shipyards, appeal dismissed, Territo v. Poche, 434 U.S. 803 , 98 S.Ct.
-
Parfait v. Deroche
356 So. 2d 1051
La. Ct. App. 1st Cir. 1977
In Poche v. Avondale Shipyards, Inc., rehearing denied, the Louisiana Supreme Court reviewed the United States Supreme Court’s jurisprudence concerning the LHCA.
-
Jenkins v. Archer-Daniels-Midland Co.
347 So. 2d 314
La. Ct. App. 1st Cir. 1977
Appellees concede the recent Supreme Court decision in Poche v. Avondale *315 Shipyards, Inc., nullifies their position on the exclusiveness-of-remedy argument.