Landerman v. Tarpon Operating & Development, L.L.C.
19 F. Supp. 3d 678
E.D. La.2014Background
- Landerman, injured May 2013 on a Gulf of Mexico offshore platform, sues six entities for Jones Act, general maritime, and related claims.
- The West Cameron 661 platform is allegedly owned/operated by Tarpon and Shamrock; Hoplite served as safety consultant.
- Landerman lodged aboard the MTV RENE; most offshore work occurred on fixed platforms, not vessels providing lodging.
- In May 2013 he was being transferred from the platform to the MTV RENE in a personnel basket from a crane; the basket tipped, injuring him.
- Hoplite removed the case to federal court February 19, 2014 under 28 U.S.C. §§ 1331, 1441, 1446; Landerman moves to remand, arguing nonremovability of general maritime claims.
- Court holds removal jurisdiction under OCSLA, but severs and remands the Jones Act claim under § 1441(c).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the case is removable under OCSLA | Landerman argues maritime claims cannot be removed. | Hoplite advocates that OCSLA provides federal question removal. | OCSLA provides removal jurisdiction; case removable under § 1441(a). |
| Whether the Jones Act claim should be severed and remanded | Jones Act claim should proceed in federal court. | Jones Act claim removable/nonremovable under statute; severance allowed. | Jones Act claim severed and remanded under § 1441(c). |
| Effect of Lackey on removal in presence of nonremovable claim | Lackey limits removal when nonremovable claims exist. | Lackey does not bar removal where jurisdiction exists despite nonremovable claim. | Lackey rationale inapplicable; § 1441(c) governs severance/remand regardless of merit of Jones Act claim. |
Key Cases Cited
- Barker v. Hercules Offshore, Inc., 713 F.3d 208 (5th Cir. 2013) (district courts have original jurisdiction under OCSLA for removal)
- Demette v. Falcon Drilling Co., 280 F.3d 492 (5th Cir. 2002) (but-for test for OCSLA situs and employment connection)
- Recar v. CNG Producing Co., 853 F.2d 367 (5th Cir. 1988) (OCSLA situs and employment connection)
- Hufnagel v. Omega Serv. Indus., Inc., 182 F.3d 340 (5th Cir. 1999) (employment on fixed platform supports OCSLA jurisdiction)
- Hollier v. Union Tex. Petroleum Corp., 972 F.2d 662 (5th Cir. 1992) (platforms as artificial islands under OCSLA)
- Rodrigue v. Aetna Cas. & Sur. Co., 395 U.S. 352 (1969) (foundational definition of artificial island/OCSLA situs)
- Lackey v. Atl. Richfield Co., 990 F.2d 202 (5th Cir. 1993) (limits on removal where Jones Act claim implicates FECA; in this case inapplicable)