Maritime Law Victory: Our Firm Wins An Important Legal Battle In A Maritime Wrongful Death Case

(June 2005)

Morganti v. Lockheed Martin Inc.

Kreindler & Kreindler LLP recently won a significant maritime legal battle. The victory cleared the way for the widow of a Lockheed Martin employee to bring suit against Lockheed Martin for his drowning death in Cayuga Lake in upstate New York. While other law firms who reviewed the case concluded that any action against Lockheed Martin would be barred by New York State Worker's Compensation law, Kreindler & Kreindler argued that the decedent was a Longshoreman who was covered under the Longshore Harbor Workers Compensation Act ("LHWCA") and, therefore, his widow should be entitled to bring suit against Lockheed Martin who owned the vessel from which he fell into Cayuga Lake. The Benefits Review Board, which hears LHWCA case appeals, agreed with our position. Lockheed Martin then appealed that ruling to the United States Court of Appeals for the Second Circuit. The Second Circuit after hearing oral argument from Kreindler partner Daniel Rose, issued an opinion on June 24, 2005 affirming The Board's decision and allowing the widow's wrongful death suit to proceed.

Partners Marc S. Moller and Daniel O. Rose and Brendan Maher handled this matter.

To view a copy of the Board's decision, click here. (PDF file)

To view copy of the Second Circuit opinion, click here. (PDF file)