Louisiana Supreme Court grants writ for Caldwell v. St. Charles Gaming Co.
Caldwell v. St. Charles Gaming Co., 2019-01238 (La. 10/15/19); 2019 La. LEXIS 2667.
By: Dominic Wilson
On October 15, 2019, the Louisiana Supreme Court granted writ of certiorari in the matter of Don Caldwell, et al. v. St. Charles Gaming Co. The issue before the Court is whether St. Charles's Grand Palais Casino in Lake Charles, LA is a vessel under federal maritime law, which gives the Plaintiff a viable Jones Act claim.
On appeal, the Defendant contended that the trial court failed to follow jurisprudence from Benoit v. St. Charles Gaming Co. There, the Plaintiff was a deckhand on the same boat of controversy in Caldwell. Plaintiff was injured in the course of employment and filed a Jones Act claim. The Third Circuit held that the Grand Palais was not a vessel. Additionally, in Breaux v. St. Charles Gaming Co. and Lemelle v. St. Charles Gaming Co., the Third Circuit held that the identical casino riverboats were not vessels under maritime law. However, in the instant case, the Third Circuit reversed itself en banc and ruled that the Grand Palais was a vessel. Judge Saunders found that the Grand Palais was a vessel because it was never disabled nor stripped of navigable characteristics. Additionally, facts showed that St. Charles kept the Grand Palais fully operational. Even though it was moored for over fifteen years, the casino was still “capable of transportation,” thus qualifying it as a vessel.
Oral arguments are expected to start in the early months of 2020.
