Lee v. Astoria Generating Co.

Issue: 1) Whether the lower court misapplied Stewart v. Dutra Construction Co., 543 U.S. 481 (2005), to find that a floating power plant constituted a "vessel in navigation"; and 2) whether the lower court erred by finding that petitioner's proposed state-law tort claims were within the maritime jurisdiction and by dismissing said claims on the basis that they were preempted by Section 905(b) of the Longshore and Harborworker Compensation Act.

Briefs and Documents

Certiorari-stage documents

• Opinion below (Court of Appeals of New York)
• Petition for certiorari
• Brief in opposition for Elliott Turbomachinery Co.
• Brief in opposition for Astoria Generating Co. et al.
• Amicus brief for the Maritime Law Association of the United States
• Petitioner's reply