Ackerson v. Bean Dredging LLC

• Decision Date: 25 November 2009
• Docket Number: No. 07-30326.,No. 07-30495.,No. 07-30274.,No. 07-30272.,07-30272.,07-30274.,07-30326.,07-30495.
• Citation: 589 F.3d 196
• Parties: Fellosea ACKERSON, et al.; Gilbert Ackerson; Cathy Adams; Frederick Adams; Jean Addison; et al., Plaintiffs-Appellants, v. BEAN DREDGING LLC; Bean Dredging Corporation, formerly known as Eagle Dredging Corporation, formerly known as Falcon Dredging Corporation; C.F. Bean LLC; C.F. Bean Corporation, formerly known as C.F. Bean Incorporated; Bean Horizon Corporation; Bean Horizon LLC; Bean Stuyvesant LLC; Stuyvesant Dredging Company; Stuyvesant Dredging Incorporated; Stuyvesant Dredging Company LLC; Royal Boskalis Westminster N.V.; Gulf Coast Trailing Company; TLJIC LLC; T.L. James & Company Incorporated; T.L. James Marine Incorporated; T.L. James Marine LLC; Ham Construction Overseas N.V.; Great Lakes Dredge & Dock Company; Great Lakes Dredge & Dock Company LLC of Louisiana; Great Lakes Dredge & Dock Corporation of Delaware; Natco Dredging Limited Partnership; Great Lakes Trailing Company; Weeks Marine, Inc.; Mike Hooks Inc.; Luhr Brothers, Incorporated; Manson Construction Co., also known as Manson Construction & Engineering Company; Manson Gulf LLC; Pine Bluff Sand and Gravel Company; King Fisher Marine Service, Inc.; King Fisher Marine Service LP; KFMSGP LLC, Defendants-Appellees. Phillip Reed, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. United States of America; Bean Dredging LLC; Bean Dredging Corporation, formerly known as Eagle Dredging Corporation, formerly known as Falcon Dredging Corporation; C.F. Bean LLC; C.F. Bean Corporation, agent C.F. Bean, Inc.; Bean Horizon Corporation; Bean Horizon LLC; Bean Stuyvesant LLC; Stuyvesant Dredging Company; Stuyvesant Dredging, Inc.; Stuyvesant Dredging Company LLC; Royal Boskalis Westminster N.V.; Gulf Coast Trailing Company; TLJIC LLC; T.L. James & Company, Inc.; Ham Construction Overseas N.V.; Great Lakes Dredge & Dock Company; Great Lakes Dredge & Dock Company LLC of Louisiana; Great Lakes Dredge & Dock Corporation of Delaware; Natco Dredging Limited Partnership; Great Lakes Trailing Company; Weeks Marine, Inc.; Mike Hooks, Inc.; Luhr Brothers, Inc.; Manson Construction Co., also known as Manson Construction & Engineering Co.; Pine Bluff Sand & Gravel Company; King Fisher Marine Service, Inc.; King Fisher Marine Service LP; KFMSGP LLC, Defendants-Appellees. In Re: Katrina Canal Breaches Litigation. Phillip Reed, On behalf of himself and all others similarly situated, Plaintiff-Appellant, v. Gulf Coast Trailing Company; T.L. James and Company, Inc.; Great Lakes Dredge & Dock Company; Mike Hooks, Inc.; Luhr Brothers, Inc.; Manson Construction Co., also known as Manson Construction & Engineering Co.; Pine Bluff Sand & Gravel Company; King Fisher Marine Service LP, Defendants-Appellees. In the Matter of the Complaint of Great Lakes Dredge & Dock Company, As owner of the Dredges California, Manhattan Island, Padre Island, and Alaska, and as owner pro hac vice of the Dredge Texas, Petitioner-Appellee. In the Matter of the Complaint of Mike Hooks, Inc., As owner of the Dredge Missouri H, Petitioner-Appellee. In the Matter of the Complaint of T.L. James and Company, Inc., As owner of the dredges Tom James and George D. Williams II praying for exoneration from or limitation of liability, Petitioner-Appellee. In Re: In the Matter of the Complaint of Gulf Coast Trailing Company, A Louisiana Partnership, as owner of the dredge Ouachita, praying for exoneration from or limitation of liability, Petitioner-Appellee. In Re: In the Matter of the Complaint of Manson Construction Co., As owner and operator of the Hopper Dredges Newport and Bayport, for exoneration from or limitation of liability, Petitioner-Appellee. In Re: In the Matter of the Complaint of Luhr Brothers, Inc., As owner of the Spud Barge L-1101, Spud Barge L-1103 and M/V MICHAEL A and as owner Pro Hac Vice of M/V CHARLIE B praying for exoneration from or limitation of liability, In the Matter of the Complaint of King Fisher Marine Service LP, As owner of the Dredges Leonard M. Fisher and Everett Fisher, Petitioner-Appellee. In Re: In the Matter of the Complaint of Pine Bluff Sand & Gravel Company, As owner and operator of dredge Marion praying for exoneration from or limitation of liability, Petitioner-Appellee. In Re: In the Matter of the Complaint of Weeks Marine, Inc., As owner of the Dredges BE Lindholm, George D. Williams, Weeks 262 and BT 208, Petitioner-Appellee. In Re: Katrina Canal Breaches Litigation. Fellosea Ackerson; Gilbert Ackerson; Cathy Adams; Frederick Adams; Jean Addison; et al., Plaintiffs-Appellants. v. Bean Dredging LLC; Bean Dredging Corporation, formerly known as Eagle Dredging Corporation, Bean Dredging Corporation, formerly known as Falcon Dredging Corporation; C.F. Bean LLC; C.F. Bean Corporation, formerly known as C.F. Bean, Inc.; Bean Horizon Corporation; Bean Horizon LLC; Bean Stuyvesant LLC; Stuyvesant Dredging Company; Stuyvesant Dredging, Inc.; Stuyvesant Dredging Company LLC; Royal Boskalis Westminster N.V.; Gulf Coast Trailing Company; TLJIC LLC; T.L. James & Company, Inc.; T.L. James Marine, Inc.; T.L. James Marine LLC; Ham Construction Overseas N.V.; Great Lakes Dredge & Dock Company; Great Lakes Dredge & Dock Company LLC of Louisiana; Great Lakes Dredge & Dock Corporation of Delaware; Natco Dredging Limited Partnership; Great Lakes Trailing Company; Weeks Marine, Inc.; Mike Hooks, Inc.; Luhr Brothers, Inc.; Manson Construction Co., also known as Manson Construction & Engineering Co.; Manson Gulf LLC; Pine Bluff Sand and Gravel Company; King Fisher Marine Service, Inc.; King Fisher Marine Service LP; KFMSGP LLC, Defendants-Appellees. In Re: In the Matter of the Complaint of Great Lakes Dredge & Dock Company, As owner of the dredges California, Manhattan Island, Padre Island, and Alaska, and as owner pro hac vice of the Dredge Texas for Exoneration from or Limitation of Liability. Great Lakes Dredge & Dock Company, As owner of the dredges California, Manhattan Island, Padre Island, and Alaska, and as owner pro hac vice of the Dredge Texas, Petitioner-Appellee. In Re: In the Matter of the Complaint of Mike Hooks, Inc., as owner of the Dredge Missouri H for Exoneration from or Limitation of Liability. Mike Hooks, Inc., as owner of the Dredge Missouri H, Petitioner-Appellee. In Re: In Matter of the Complaint of T.L. James & Company, Inc., as owner of the dredges Tom James and George D. Williams II, praying for exoneration from or limitation of liability. T.L. James & Company, Inc., as owner of the dredges Tom James and George D. Williams II, Petitioner-Appellee. In Re: In the Matter of the Complaint of Gulf Coast Trailing Company, a Louisiana Partnership, as owner of the dredge Ouachita; TLJIC LLC, a partner therein, as owner of the dredge Ouachita, praying for exoneration from or limitation of liability. Gulf Coast Trailing Company, a Louisiana Partnership, as owner of the dredge Ouachita; TLJIC LLC, a partner therein, as owner of the dredge Ouachita, Petitioners-Appellees. In Re: In the Matter of the Complaint of Manson Construction Co., as owner and operator of the Hopper Dredges Newport and Bayport, for exoneration from or limitation of liability. Manson Construction Co., as owner and operator of the Hopper Dredges Newport and Bayport, Petitioner-Appellee. In Re: In the Matter of the Complaint of Luhr Brothers, Inc., as owner of the Spud Barge L-1101, Spud Barge L-1103, and M/V MICHAEL A and as owner pro hac vice of M/V CHARLIE B praying for exoneration from or limitation of liability. Luhr Brothers, Inc., as owner of Spud Barge L-1101, Spud Barge L-1103, and M/V MICHAEL A and as owner pro hac vice of M/V CHARLIE B, Petitioner-Appellee. In Re: In the Matter of the Complaint of King Fisher Marine Service LP, as owner of the dredges Leonard M. Fisher and Everett Fisher for exoneration from or limitation of liability. King Fisher Marine Service LP, as owner of the dredges Leonard M. Fisher and Everett Fisher, Petitioner-Appellee. In Re: In the Matter of the Complaint of Pine Bluff Sand & Gravel Company, as owner and operator of dredge Marion praying for exoneration from or limitation of liability. Pine Bluff Sand & Gravel Co., as owner and operator of dredge Marion, Petitioner-Appellee. In Re: In the Matter of the Complaint of Weeks Marine, Inc., as owner of the dredges B.E. Lindholm, George D. Williams, Weeks 262, and BT 208 for exoneration from or limitation of liability. Weeks Marine, Inc., as owner of the dredges B.E. Lindholm, George D. Williams, Weeks 262 and BT 208, Petitioner-Appellee.
• Court: U.S. Court of Appeals — Fifth Circuit

589 F.3d 196

Fellosea ACKERSON, et al.; Gilbert Ackerson; Cathy Adams; Frederick Adams; Jean Addison; et al., Plaintiffs-Appellants, v. BEAN DREDGING LLC; Bean Dredging Corporation, formerly known as Eagle Dredging Corporation, formerly known as Falcon Dredging Corporation;

C.F. Bean LLC; C.F. Bean Corporation, formerly known as C.F. Bean Incorporated; Bean Horizon Corporation; Bean Horizon LLC; Bean Stuyvesant LLC; Stuyvesant Dredging Company; Stuyvesant Dredging Incorporated; Stuyvesant Dredging Company LLC; Royal Boskalis Westminster N.V.; Gulf Coast Trailing Company; TLJIC LLC; T.L. James & Company Incorporated; T.L. James Marine Incorporated; T.L. James Marine LLC; Ham Construction Overseas N.V.; Great Lakes Dredge & Dock Company; Great Lakes Dredge & Dock Company LLC of Louisiana; Great Lakes Dredge & Dock Corporation of Delaware; Natco Dredging Limited Partnership; Great Lakes Trailing Company; Weeks Marine, Inc.; Mike Hooks Inc.; Luhr Brothers, Incorporated; Manson Construction Co., also known as Manson Construction & Engineering Company; Manson Gulf LLC; Pine Bluff Sand and Gravel Company; King Fisher Marine Service, Inc.; King Fisher Marine Service LP; KFMSGP LLC, Defendants-Appellees.

Phillip Reed, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. United States of America; Bean Dredging LLC; Bean Dredging Corporation, formerly known as Eagle Dredging Corporation, formerly known as Falcon Dredging Corporation; C.F. Bean LLC; C.F. Bean Corporation, agent C.F. Bean, Inc.; Bean Horizon Corporation; Bean Horizon LLC; Bean Stuyvesant LLC; Stuyvesant Dredging Company; Stuyvesant Dredging, Inc.; Stuyvesant Dredging Company LLC; Royal Boskalis Westminster N.V.; Gulf Coast Trailing Company; TLJIC LLC; T.L. James & Company, Inc.; Ham Construction Overseas N.V.; Great Lakes Dredge & Dock Company; Great Lakes Dredge & Dock Company LLC of Louisiana; Great Lakes Dredge & Dock Corporation of Delaware; Natco Dredging Limited Partnership; Great Lakes Trailing Company; Weeks Marine, Inc.; Mike Hooks, Inc.; Luhr Brothers, Inc.; Manson Construction Co., also known as Manson Construction & Engineering Co.; Pine Bluff Sand & Gravel Company; King Fisher Marine Service, Inc.; King Fisher Marine Service LP; KFMSGP LLC, Defendants-Appellees.

In Re: Katrina Canal Breaches Litigation.

Phillip Reed, On behalf of himself and all others similarly situated, Plaintiff-Appellant, v. Gulf Coast Trailing Company; T.L. James and Company, Inc.; Great Lakes Dredge & Dock Company; Mike Hooks, Inc.; Luhr Brothers, Inc.; Manson Construction Co., also known as Manson Construction & Engineering Co.; Pine Bluff Sand & Gravel Company; King Fisher Marine Service LP, Defendants-Appellees.

In the Matter of the Complaint of Great Lakes Dredge & Dock Company, As owner of the Dredges California, Manhattan Island, Padre Island, and Alaska, and as owner pro hac vice of the Dredge Texas, Petitioner-Appellee.

In the Matter of the Complaint of Mike Hooks, Inc., As owner of the Dredge Missouri H, Petitioner-Appellee.

In the Matter of the Complaint of T.L. James and Company, Inc., As owner of the dredges Tom James and George D. Williams II praying for exoneration from or limitation of liability, Petitioner-Appellee In Re: In the Matter of the Complaint of Gulf Coast Trailing Company, A Louisiana Partnership, as owner of the dredge Ouachita, praying for exoneration from or limitation of liability, Petitioner-Appellee In Re: In the Matter of the Complaint of Manson Construction Co., As owner and operator of the Hopper Dredges Newport and Bayport, for exoneration from or limitation of liability, Petitioner-Appellee In Re: In the Matter of the Complaint of Luhr Brothers, Inc., As owner of the Spud Barge L-1101, Spud Barge L-1103 and M/V MICHAEL A and as owner Pro Hac Vice of M/V CHARLIE B praying for exoneration from or limitation of liability In the Matter of the Complaint of King Fisher Marine Service LP, As owner of the Dredges Leonard M. Fisher and Everett Fisher, Petitioner-Appellee. In Re: In the Matter of the Complaint of Pine Bluff Sand & Gravel Company, As owner and operator of dredge Marion praying for exoneration from or limitation of liability, Petitioner-Appellee. In Re: In the Matter of the Complaint of Weeks Marine, Inc., As owner of the Dredges BE Lindholm, George D. Williams, Weeks 262 and BT 208, Petitioner-Appellee. In Re: Katrina Canal Breaches Litigation. Fellosea Ackerson; Gilbert Ackerson; Cathy Adams; Frederick Adams; Jean Addison; et al., Plaintiffs-Appellants. v. Bean Dredging LLC; Bean Dredging Corporation, formerly known as Eagle Dredging Corporation, Bean Dredging Corporation, formerly known as Falcon Dredging Corporation; C.F. Bean LLC; C.F. Bean Corporation, formerly known as C.F. Bean, Inc.; Bean Horizon Corporation; Bean Horizon LLC; Bean Stuyvesant LLC; Stuyvesant Dredging Company; Stuyvesant Dredging, Inc.; Stuyvesant Dredging Company LLC; Royal Boskalis Westminster N.V.; Gulf Coast Trailing Company; TLJIC LLC; T.L. James & Company, Inc.; T.L. James Marine, Inc.; T.L. James Marine LLC; Ham Construction Overseas N.V.; Great Lakes Dredge & Dock Company; Great Lakes Dredge & Dock Company LLC of Louisiana; Great Lakes Dredge & Dock Corporation of Delaware; Natco Dredging Limited Partnership; Great Lakes Trailing Company; Weeks Marine, Inc.; Mike Hooks, Inc.; Luhr Brothers, Inc.; Manson Construction Co., also known as Manson Construction & Engineering Co.; Manson Gulf LLC; Pine Bluff Sand and Gravel Company; King Fisher Marine Service, Inc.; King Fisher Marine Service LP; KFMSGP LLC, Defendants-Appellees. In Re: In the Matter of the Complaint of Great Lakes Dredge & Dock Company, As owner of the dredges California, Manhattan Island, Padre Island, and Alaska, and as owner pro hac vice of the Dredge Texas for Exoneration from or Limitation of Liability.

Great Lakes Dredge & Dock Company, As owner of the dredges California, Manhattan Island, Padre Island, and Alaska, and as owner pro hac vice of the Dredge Texas, Petitioner-Appellee. In Re: In the Matter of the Complaint of Mike Hooks, Inc., as owner of the Dredge Missouri H for Exoneration from or Limitation of Liability. Mike Hooks, Inc., as owner of the Dredge Missouri H, Petitioner-Appellee. In Re: In Matter of the Complaint of T.L. James & Company, Inc., as owner of the dredges Tom James and George D. Williams II, praying for exoneration from or limitation of liability. T.L. James & Company, Inc., as owner of the dredges Tom James and George D. Williams II, Petitioner-Appellee. In Re: In the Matter of the Complaint of Gulf Coast Trailing Company, a Louisiana Partnership, as owner of the dredge Ouachita; TLJIC LLC, a partner therein, as owner of the dredge Ouachita, praying for exoneration from or limitation of liability. Gulf Coast Trailing Company, a Louisiana Partnership, as owner of the dredge Ouachita; TLJIC LLC, a partner therein, as owner of the dredge Ouachita, Petitioners-Appellees. In Re: In the Matter of the Complaint of Manson Construction Co., as owner and operator of the Hopper Dredges Newport and Bayport, for exoneration from or limitation of liability. Manson Construction Co., as owner and operator of the Hopper Dredges Newport and Bayport, Petitioner-Appellee. In Re: In the Matter of the Complaint of Luhr Brothers, Inc., as owner of the Spud Barge L-1101, Spud Barge L-1103, and M/V MICHAEL A and as owner pro hac vice of M/V CHARLIE B praying for exoneration from or limitation of liability. Luhr Brothers, Inc., as owner of Spud Barge L-1101, Spud Barge L-1103, and M/V MICHAEL A and as owner pro hac vice of M/V CHARLIE B, Petitioner-Appellee. In Re: In the Matter of the Complaint of King Fisher Marine Service LP, as owner of the dredges Leonard M. Fisher and Everett Fisher for exoneration from or limitation of liability. King Fisher Marine Service LP, as owner of the dredges Leonard M. Fisher and Everett Fisher, Petitioner-Appellee. In Re: In the Matter of the Complaint of Pine Bluff Sand & Gravel Company, as owner and operator of dredge Marion praying for exoneration from or limitation of liability. Pine Bluff Sand & Gravel Co., as owner and operator of dredge Marion, Petitioner-Appellee. In Re: In the Matter of the Complaint of Weeks Marine, Inc., as owner of the dredges B.E. Lindholm, George D. Williams, Weeks 262, and BT 208 for exoneration from or limitation of liability.

Weeks Marine, Inc., as owner of the dredges B.E. Lindholm, George D. Williams, Weeks 262 and BT 208, Petitioner-Appellee.

No. 07-30272.

No. 07-30274.

No. 07-30326.

No. 07-30495.

United States Court of Appeals, Fifth Circuit.

November 25, 2009.

Camilio K. Salas, III (argued), Salas & Co., New Orleans, LA, Albert J. Rebennack, Metairie, LA, for Fellosea and Gilbert Ackerson, Cathy and Frederick Adams, Jean Addison, Reed, and others.

Terrence L. Brennan, Francis J. Barry, Jr., Kelly Elizabeth Theard, William E. Wright, Jr., Deutsch, Kerrigan & Stiles, L.L.P., New Orleans, LA, for Bean Dredging LLC, Bean Dredging Corp., C.F. Bean LLC, C.F. Bean Corp., Bean Horizon Corp., Bean Horizon LLC, Bean Stuyvesant LLC, Stuyvesant Dredging Co., Stuyvesant Dredging, Inc., Stuyvesant

Dredging Co. LLC and Royal Boskalis Westminster NV.

A. Gordon Grant, Jr., Philip S. Brooks, Jr., Montgomery, Barnett, Brown, Read, Hammond & Mintz, L.L.P., New Orleans, LA, for Gulf Coast Trailing Co., TLJIC LLC and T.L. James & Co., Inc.

James H. Roussel, Nyka Marie Scott, Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., New Orleans, LA, William Paul Ferranti (argued), Duane M. Kelley, Winston & Strawn, Chicago, IL, Gene C. Schaerr, Winston & Strawn, Washington, DC, for Great Lakes Dredge & Dock Co., Great Lakes Dredge & Dock Co. LLC of LA, Great Lakes Dredge & Dock Corp. of DE, NATCO Dredging LP and Great Lakes Trailing Co.

James A. Cobb, Jr., Galliano, LA, John Francis Emmett, Waits, Emmett & Popp, New Orleans, LA, for Weeks Marine, Inc.

Samuel Bryan Gabb, Plauche Smith &...