CA5 - Jones Act

Homes v. Atlantic Sounding (Wiener, J.)

The court concludes that the SCOTUS opinion in Stewart v. Dutra Construction, 125 S.Ct. 1118 (Feb. 22, 2005) does not substantially alter the prior Fifth Circuit jurisprudence concerning what is a "vessel" for purposes of the Jones Act. Judge DeMoss dissents and argues that the majority gives Stewart an excessively limited reading.