Longshore Act Does Not Preempt State Law Tort Claims

Barrosse v. Huntington Ingalls, Inc., No. 21-30761, LEXIS 14604 *, 2023 WL 3940556 (5th Cir., June 12, 2023).

           A panel (Richman, C.J., Ho and Engelhardt) of the U.S. Fifth Circuit Court of Appeals held in Barrosse v. Huntington Ingalls, Inc. that the Longshore and Harbor Workers’ Compensation Act does not preempt state law tort claims. Judge Engelhardt was author of the opinion and addressed the issue of whether the Longshore Act preempts state tort claims in the “twilight zone.”

           The court made short shrift of express preemption and stated it does not apply here, as it was undisputed that the matter was a “twilight zone” case. Similarly, conflict preemption also does not apply, since remedies under the Longshore Act and state law exist concurrently. The panel, however, cautioned that the holding is narrow due to the peculiar facts of the case: “[w]e reiterate the highly unusual fact pattern that brought Barrosse to this point and reemphasize that our holding is narrow. It is only through the peculiar nature and application of Louisiana’s pre-1975 worker’s compensation statute, combined with the other characteristics of this case listed above, that Barrosse’s claims survive preemption.” (No. 21-30761, p. 15) The judgment of the trial court in favor of Huntingon Ingalls was reversed and the case was remanded.