The Brief in Opposition has been filed in Dize v. Association of Maryland Pilots, the case concerning seaman status for maritime workers who spend time in the service of a moored vessel. The Brief in Opposition is a good read that questions the existence of the circuit split advanced by Ms. Dize in her petition. Here is the Introduction to the Brief in Opposition (with internal citations omitted where possible): In Chandris, Inc. v. Latsis, 515 U.S. 347 (1995), this Court held that, to qualify as a “seaman” under the Jones Act, an employee “must have a connection to a vessel in navigation (or an identifiable group of such vessels) that is substantial in terms of both its duration and its nature.” With respect to the “duration” element of that requirement, the Court endorsed “an appropriate rule of thumb”: “A worker who spends less than about 30 percent of hisRead more
More Briefs Filed in Dize v. Association of Maryland Pilots
In 1995, the Supreme Court decided Chandris, Inc. v. Latsis, 515 U.S. 347 (1995), wherein it announced a test for determining “seaman” status. To qualify as a “seaman” the employee must (1) contribute to the function of a vessel or to the accomplishment of its mission, and (2) have a connection to a vessel in navigation that is substantial in both duration and nature. The Supreme Court favorably cited a rule of thumb from the Fifth Circuit whereby an employee would be denied “seaman” status if they spent less than 30% of their time in the service of a vessel in navigation. Last year, the Court of Appeals of Maryland decided Dize v. Association of Maryland Pilots, which addressed the “seaman” status of an employee who maintained vessels that are dockside or ashore. The court determined that such work does not factor into the 30% rule because maintaining a mooredRead more
Supreme Court Petition Filed in Dize v. Association of Maryland Pilots
On April 18, 2014, counsel for Jennifer Dize, the personal representative of the Estate of William Smith Dize, filed a interesting and very well-written petition for certiorari in the Supreme Court of the United States. The issue: To qualify as a “seaman” under the Jones Act, 46 U.S.C. § 30104, a maritime worker who “contribute[s] to the function of [a] vessel or to the accomplishment of its mission” must have “a connection to a vessel in navigation (or to an identifiable group of such vessels) that is substantial in terms of both its duration and its nature.” Chandris, Inc. v. Latsis, 515 U.S. 347, 368 (1995) (internal quotation marks and alteration omitted). In assessing “substantiality,” this Court has endorsed a “rule of thumb” that, ordinarily, a qualifying seaman must spend 30 percent or more of his time in service of a vessel in navigation, id. at 371, but this CourtRead more
