Lee v. Astoria Generating Co.
Certiorari Denied
Petition for certiorari denied on October 4, 2010.
Docket No.09-1567
Op. BelowCourt of Appeals of New York
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.
Recommended Citation: Lee v. Astoria Generating Co., SCOTUSblog, https://www.scotusblog.com/cases/lee-v-astoria-generating-co/