Reseña de Huson v. Chevron Oil Co.

Huson v. Chevron Oil Co. de United States Court of Appeals for the Fifth Circuit Resumen del Libro

This case is a fallout from Rodrigue and the Outer Continental Shelf Lands Act. 43 U.S.C.A. § 1331 et seq. As a decision whose major thread in the quest for divination of legislative purpose was a conviction that Congress thought the interests of workers on the Outer Continental Shelf would be served best by adopting the law of the adjacent state as controlling federal law, the ink was scarcely dry when it became evident that the result might be quite something else. For against ingrained maritime principles of comparative fault, laches and the like, the Bar of Louisiana soon had to reckon with local restrictive, sometimes prohibitive, principles of contributory negligence as a complete bar, peremptory limitations of short duration in death actions that extinguished the right, prescriptive limitations of short duration in non-fatal injuries, and the peculiar vicarious substituted employer liability of the workmens compensation statute that virtually extinguishes the now-common third party Sieracki-Ryan-Yaka seamens suit. Any results so foreign to the Rodrigue declared statutory purpose of improving the lot of adjacent-shore based workers should certainly be avoided unless the tide is overwhelming.

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