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Riverboat not covered by Jones Act

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A casino riverboat that is indefinitely moored to the shore isn't considered a vessel in navigation under the federal Jones Act, so a riverboat worker can't bring a claim for compensation of injuries under the act, the Indiana Court of Appeals ruled today.

In RDI/Caesar's Riverboat Casino, Inc and M/V Glory of Rome v. Tina Conder, No. 31A04-0802-CV-40, Caesar's Riverboat Casino appealed the trial court order granting Tina Conder's motion for partial summary judgment under the Jones Act and denying Caesar's motion to dismiss her complaint. Conder worked as a table games dealer in the casino beginning in 2003 and was repeatedly bitten by fleas during her employment there. She claims the large doses of steroids used to treat the bites caused her to have a heart attack. She filed a complaint against Caesar's seeking compensation for her injuries based on the Jones Act, or as a Sieracki seaman.

The Court of Appeals looked to other jurisdictions in determining that indefinitely moored riverboats aren't covered under the Jones Act. The riverboats fail the first part of the U.S. Supreme Court's two-prong test for determining whether an employee is a Jones Act seaman because the riverboats aren't "vessels in navigation."

The Caesar's riverboat has been moored and stationary since August 2002 and the casino's director of marine operations testified the riverboat isn't transporting passengers, cargo, or equipment on the river anymore and is now a platform to conduct gaming activities.

The judges don't agree with Conder's argument that because the Coast Guard continues to inspect the riverboat and that Caesar's hasn't given up its Coast Guard Certificate of Inspection, the riverboat is a vessel of navigation under the Jones Act. Many other courts have considered indefinitely moored casinos that were registered with and inspected by the Coast Guard and ruled they aren't vessels in navigation, wrote Chief Judge John Baker.

The ship owner's intent with the ship, which in this case is to have the ship indefinitely moored, is part and parcel of the nature of the ship, the judge continued. The intent to never sail again leads to a conclusion that the Jones Act doesn't apply.

The appellate court reversed the trial court in part and remanded with instructions to dismiss Conder's Jones Act claim with prejudice and for further proceedings on her Sieracki seaman claim.

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  1. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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