Riverboat not covered by Jones Act

To access case, press here 
Here, we must decide whether a riverboat casino that is indefinitely moored to the shore is a “vessel in navigation” for the purpose of the federal Jones Act. Appellants-defendants RDI/Caesars Riverboat Casino, Inc., and the M/V Glory of Rome (collectively, Caesars) appeal the trial court’s order granting appellee-plaintiff Tina Conder’s motion for partial summary judgment and denying Caesars’s motion to dismiss Conder’s complaint. Caesars argues that the trial court erred as a matter of law by concluding that an indefinitely moored, dockside casino was a “vessel in navigation” pursuant to the Jones Act and that Conder was a Jones Act Seaman.

Conclusion (slip op. at 18)
: The judgment of the trial court is reversed in part and remanded with instructions to dismiss Conder’s Jones Act claim with prejudice and for further proceedings on her Sieracki seaman claim.

Key Analysis (slip op. at 17-18
): In sum . . . the Riverboat’s operations are gaming-related, rather than maritime in nature, and that has been the case since 2002. Conder, as a table games dealer for the Casino, is simply not an employee who is regularly—or at all—exposed to “the special hazards and disadvantages to which they who go down to sea in ships are subjected. Under these circumstances, we cannot conclude that the Riverboat is a vessel in navigation or that Conder is the type of employee that the Jones Act is intended to cover and protect.

About Bose McKinney & Evans LLP

Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.
This entry was posted in Uncategorized. Bookmark the permalink.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s