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Resten Moore, an employee of Bis Salamis, Inc. (BSI) working on the 'Thunder Horse' offshore oil production facility, filed a motion to remand his personal injury case to state court after it was removed to federal court by BSI. Moore sustained injuries from chemical exposure and a fall while working. He initially filed claims under the Jones Act and general maritime law, but BSI argued federal question jurisdiction under the Outer Continental Shelf Lands Act (OCSLA). The court denied Moore's motion to remand, ruling that the Thunder Horse is a permanent work platform, not a vessel, thus Moore is not a Jones Act seaman and his Jones Act claim is fraudulently pleaded. Consequently, the OCSLA applies, providing federal subject matter jurisdiction and making removal proper.
Moore v. Bis Salamis, Inc. is a workers' compensation case decided in District Court, E.D. Texas. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in District Court, E.D. Texas.
Full Decision Text1 Pages
Resten Moore, an employee of Bis Salamis, Inc. (BSI) working on the 'Thunder Horse' offshore oil production facility, filed a motion to remand his personal injury case to state court after it was removed to federal court by BSI. Moore sustained injuries from chemical exposure and a fall while working. He initially filed claims under the Jones Act and general maritime law, but BSI argued federal question jurisdiction under the Outer Continental Shelf Lands Act (OCSLA). The court denied Moore's motion to remand, ruling that the Thunder Horse is a permanent work platform, not a vessel, thus Moore is not a Jones Act seaman and his Jones Act claim is fraudulently pleaded. Consequently, the OCSLA applies, providing federal subject matter jurisdiction and making removal proper.
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