# Meaux v. Cooper Consolidated, LLC

> District Court, E.D. Louisiana · May 3, 2022

URL: https://www.frixlaw.com/law-library/cases/10187744

## Case

- **Court:** District Court, E.D. Louisiana
- **Decided:** May 3, 2022
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10187744

## How later opinions describe it (automated extraction)

- rejecting “the categorical assertion that workers who spend their time aboard vessels near the shore do not face maritime perils”

## Opinion text

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

JONATHON R. MEAUX CIVIL ACTION

VERSUS NO. 19-10628

COOPER CONSOLIDATED, LLC, et al. SECTION M (5)

FINDINGS OF FACT & CONCLUSIONS OF LAW
Plaintiff Jonathon R. Meaux brought a maritime personal injury claim against Savard
Marine Services, Inc. d/b/a Savard Labor & Maritime Personnel, Inc. (“Savard”), his hiring
employer, and Cooper Consolidated, LLC (“Cooper”), his borrowing employer.1 Meaux alleges
he was injured on February 19, 2019, when he was hit in the head with a barge cover while working
on board the Bayou Special, a vessel owned and operated by Cooper.2 Meaux brought claims
under the Jones Act, 46 U.S.C. § 30104, and general maritime law for unseaworthiness and
maintenance and cure.3 Cooper filed a crossclaim against Savard for defense and indemnity.4
In the course of this litigation, Meaux and Cooper filed cross-motions for summary
judgment on seaman status.5 This Court granted Meaux’s motion, and denied Cooper’s cross-
motion, finding that Meaux was a seaman under the test articulated by the Supreme Court in
Chandris v. Latsis, 515 U.S. 347 (1995), because he spent all of his time working over water in
the service of Cooper’s fleet of crane barges.6 Cooper moved for reconsideration, arguing that
Meaux did not meet the duration prong of the Chandris test because he was not physically aboard

1 R. Docs. 1; 4.
2 R. Docs. 1 at 2; 4 at 3.
3 R. Docs. 1 at 3-7; 4 at 3-6.
4 R. Doc. 49.
5 R. Docs. 17; 28. Savard joined in Cooper’s opposition to Meaux’s motion. R. Doc. 31.
6 R. Doc. 44.
one of Cooper’s crane barges more than 30% of the time.7 The Court denied the motion finding
that it did not matter that Meaux was not physically aboard Cooper’s vessels when he was working
in their service while exposed to the perils of the sea because the Chandris test does not have a
physical-location requirement.8 In 2021, the Fifth Circuit handed down its en banc decision in
Sanchez v. Smart Fabricators of Texas, L.L.C., 997 F.3d 564 (5th Cir. 2021), adding three inquiries

to the “perils of the sea” determination. Following Sanchez, Cooper filed a renewed motion for
reconsideration, this time arguing that Meaux did not meet the nature prong of the Chandris test
when the Sanchez factors were considered.9 The Court denied Cooper’s renewed motion for
reconsideration, finding that, although it was a close call (especially with respect to whether
Meaux’s work was sea-based or involved seagoing activity), he satisfied the Sanchez test for
establishing a connection to an identifiable fleet of vessels that was substantial in nature.10
Thereafter, Meaux settled his claims with Cooper and Savard.11 Cooper and Savard then
entered into a memorandum of settlement to resolve Cooper’s crossclaim wherein they agreed that
if this Court determines after trial – including the presentation of evidence not considered in

conjunction with the various summary-judgment motions – that Meaux is not a Jones Act seaman,
Savard will fund more of the settlement with Meaux.12 On the other hand, if this Court finds that
Meaux is a Jones Act seaman, Cooper will fund more of the settlement with Meaux.13

7 R. Doc. 46.
8 R. Doc. 57.
9 R. Doc. 104.
10 R. Doc. 120.
11 R. Doc. 143.
12 R. Doc. 158.
13 Id. Cooper submits a post-trial memorandum urging that the way it and Savard settled the crossclaim –
making its resolution entirely dependent upon the Court’s resolution of Meaux’s seaman status – leaves the Court with
a case or controversy to decide. R. Doc. 155. After careful consideration, that is likely so, even though Savard was
originally aligned with Cooper, against Meaux, on the question of his seaman status. See R. Doc. 31. The settlement
between Cooper and Savard does appear to leave each with a significant enough stake in the outcome to avoid
characterization of the present state of the case as an arranged, friendly test of seaman status.
On February 9, 2022, this Court held a one-day bench trial on the limited issue of Meaux’s
seaman status.14 Having considered the evidence admitted at trial, the arguments of counsel, post-
trial submissions, and the applicable law, the Court issues its findings of fact and conclusions of
law pursuant to Rule 52 of the Federal Rules of Civil Procedure. To the extent a finding of fact
constitutes a conclusion of law, the Court adopts it as such, and vice versa.

FINDINGS OF FACT
I. Jurisdiction
1. This Court has jurisdiction over the claims in the complaint and crossclaim under the
admiralty and maritime laws of the United States, 28 U.S.C. § 1333, and Rule 9(h) of the Federal
Rules of Civil Procedure.15
2. This Court also has supplemental jurisdiction pursuant to 28 U.S.C. § 1367 over
Cooper’s crossclaim against Savard.16
3. Venue is appropriate in the Eastern District of Louisiana.17
II. The Parties

4. Cooper is a limited liability company organized under Louisiana law. Cooper is the
owner and operator of the Bayou Special, the crane barge on which Meaux was working at the
time of the accident.18
5. Savard is a corporation organized under Louisiana law with its principal place of
business in Louisiana. Savard was Meaux’s hiring employer at the time of the accident.19

14 R. Doc. 146.
15 R. Docs. 1; 4; 49.
16 R. Doc. 49.
17 R. Docs. 1; 4.
18 R. Doc. 144 at 2.
19 Id. at 2, 17.
III. Cooper and Savard’s Staffing Agreement

6. Cooper and Savard entered into a staffing agreement on September 15, 2014, whereby
Savard agreed to provide workers to Cooper on a temporary and as-requested basis.20
7. The staffing agreement was in effect on February 19, 2019, the date of Meaux’s injury,
and governs the relationship between Savard and Cooper.21
8. Clause 7 of the staffing agreement outlines the insurance obligations between Savard
and Cooper and provides in pertinent part as follows:
Insurance: Throughout the term of this Agreement and in any assignment of
[Savard] personnel to [Cooper], [Savard] shall procure and maintain Statutory
Worker’s Compensation insurance for state of hire/operation (including coverage
under the U.S. Longshore and Harbor Worker’s Compensation Act where
applicable), and Employer’s Liability insurance in amounts of not less than One
Million ($1,000,000) dollars, to cover all injuries, illness, disease or death of
[Savard] employees who are in any way engaged in or connected with the
performance of services hereunder. [Savard] shall be solely responsible for
payment of any deductible thereunder. Said insurance is to include a waiver of
subrogation and Alternate Employer endorsement in favor of [Cooper]. Liability
for workers’ compensation benefits, payments and/or awards to the employees shall
rest solely upon [Savard] and its insurer(s), without any contribution from or by
any coverage independently maintained by [Cooper]. [Savard] shall also procure
and maintain Commercial General Liability insurance in an amount not less than
$1,000,000 general aggregate limit per occurrence, which includes a Waiver of
Subrogation in favor of [Cooper] and names [Cooper] and its subsidiaries as
additional insured.22

9. Clause 8 of the staffing agreement contains an indemnity provision, which reads as
follows:
Indemnity: [Savard] hereby agrees to fully and completely defend, indemnify and
hold [Cooper] and its affiliates harmless from and against any claim for workers’
compensation benefits of any kind or nature that may be asserted against [Cooper]
or its affiliates by any [Savard] employee or representative thereof. Moreover,
[Savard] shall defend, indemnity and hold [Cooper] and its affiliates harmless from
and against any failure of [Savard] to procure and maintain the insurance coverages
specified by this Agreement and/or any other breach of this Agreement by [Savard],

20 Trial Exh. 1 at 1.
21 Id. at 1-3.
22 Id. at 2.
including, without limitation, [Savard’s] failure to comply with all requirements for
its employment and assignment of its employees.23

10. The staffing agreement is clear and unambiguous. It requires Savard to provide
defense, indemnity, or insurance coverage to Cooper for workers’ compensation claims. Because
the Court finds that Meaux was not a Jones Act seaman, as explained below, Savard owes defense,
indemnity, or insurance coverage to Cooper under the clear and unambiguous terms of the staffing
agreement.
IV. Meaux’s Work at Cooper
11. Cooper’s operations consist of loading and unloading large, oceangoing cargo vessels
on the Mississippi River. To perform this work, Cooper uses floating derrick crane barges that are
brought alongside the cargo vessels, which are moored to a buoy midstream in the Mississippi
River. The buoys are located outside the river’s navigation channel, so the loading and unloading
operations can be conducted away from the vessel traffic. The location of the buoys from the
riverbank varies depending on the water level, with some being as close as 150 feet from shore.24
12. Cooper performs this work at three separate locations on the Mississippi River:
LaPlace, Belle Chasse, and Darrow.25
13. Cooper owns and operates a fleet of crane barges, including the Bayou Special, Bob
Crane, High Tide, Hulk, Irvin, Marilyn G, and Denise M. Cooper’s crane barges do not have
motive power, but rather, are moved into location by a tugboat.26
14. The Bayou Special and the other crane barges for which Meaux worked are vessels that

navigated and worked in the Mississippi River.27

23 Id.
24 R. Doc. 148 at 21, 50-51 (trial testimony of Robert Boswell, Cooper’s director of stevedoring operations).
25 Id. at 21.
26 Id. at 21-22, 40.
27 R. Doc. 144 at 17.
15. The function of the Bayou Special and the other crane barges for which Meaux worked
was to operate at various locations in the Mississippi River, using her crane to load and unload
ships and other barges.28
16. Cooper assigns certain workers, who are either full-time Cooper employees or
operating engineer employees hired through a union hall, to work aboard each crane barge. A

crane barge crew consists of a crane operator, oiler, and deckhand.29
17. Cooper assigns other workers, who are hired through staffing companies like Savard,
to so-called “longshore crews,”30 which consists of a “flag person” (or flagger), “utility person,”
and “equipment operator.” These workers assist with Cooper’s cargo operations. Their work is
typically done aboard the larger, oceangoing cargo vessels that are being loaded and unloaded, but
sometimes they work on the crane barge or barge alongside the crane barge, such as when
performing barge cover-handling work.31
18. In December 2018, Savard hired Meaux to work at Cooper.32
19. On January 3, 2019, Meaux reported to Cooper’s Belle Chasse office, where he
underwent an all-day orientation.33

20. The next day, January 4, 2019, Meaux began his actual work.34

28 Id.
29 R. Doc. 148 at 22.
30 This term was never used in this case until Boswell referenced it in his trial testimony, and then, once
broached, he used the term repeatedly throughout his testimony, as if coached to do so. Id. at 22. When asked by the
Court whether the term “longshore crew” is used in any Cooper personnel manual, Boswell reflexively said “to the
best of my knowledge, it does refer to ‘longshore,’” but then pulled back from his answer, stating that he was not sure.
Id. at 44. Thus, the Court views Boswell’s repeated use of the term with some skepticism. Nevertheless, as the
caselaw teaches, it is function, not title, that matters, and there is no real dispute that much of Meaux’s time was spent
doing traditional longshore work.
31 Id. at 22-24, 42-43, 66.
32 R. Doc. 144 at 13.
33 Id.
34 Id.
21. Meaux worked at all three Cooper locations (LaPlace, Belle Chasse, and Darrow)
while employed by Savard and working for Cooper.35
22. Meaux’s job title at Cooper was flagger and utility man.36
23. When working as a flagger, Meaux was positioned aboard the oceangoing vessels that
were being unloaded to the cargo barges (that is, ship to barge) by Cooper’s crane barges. When

working as a utility man, Meaux was positioned aboard the cargo-laden barges that were being
loaded into the oceangoing vessels (that is, barge to ship) by Cooper’s crane barges.37
24. As a flagger, Meaux would assist the crane operator – who was operating the crane
aboard one of the crane barges owned by Cooper – with his maneuvers to load or unload the cargo
ship safely.38
25. Specifically, a flagger is positioned aboard the larger, cargo vessel and is responsible
for overseeing cargo operations in the vessel’s hold by ensuring that the cargo is being moved
properly to the center of the hatch for the crane to be able to pick it up. The flagger also ensures
that there is no damage to the ship or injury to equipment or personnel. Once the crane’s boom

clears the cargo vessel’s side, the flagger is no longer responsible for, or expected to give any
signals or directions to, the crane barge operator because the operator is then able to rely on his
own vision to direct the crane’s movements.39
26. Whereas Cooper’s director of stevedoring operations, Robert Boswell, testified that
Cooper does not permanently or temporarily assign a flagger to a specific crane barge or its fleet
of crane barges because the flaggers that work for Cooper are “interchangeable,”40 Cooper’s

35 Id.
36 Id.
37 Id.; Trial Exh. 2 (Meaux’s deposition testimony) at 98-99.
38 R. Doc. 144 at 13.
39 R. Doc. 148 at 26-26, 44-45, 68-70.
40 Id. at 26-27.
employment/assignment records show that during the period of Meaux’s employment, he was most
often assigned to work as a flagger or utility man in conjunction with the cargo operations of one
of Cooper’s crane barges.41 The location where a flagger (or longshore crew) works on any given
day is determined by the specific task at hand, as well as the flagger’s skill and ability, regardless
of which crane barge was at that location.42

27. As a flagger and utility man Meaux was not assigned as a member of the crane barges’
crews.43
28. Cooper controlled, directed, and supervised Meaux’s day-to-day work from his date
of hire until March 13, 2019, his last day with Cooper.44
29. Meaux performed no land-based work from his date of hire by Savard through March
13, 2019.45
30. Meaux began and ended every day on land; he did not sleep aboard any of Cooper’s
vessels; and he brought his lunch to work with him every day.46
31. Meaux worked at Cooper for 44 days before his February 19, 2019 accident.47

32. According to Cooper’s records, of the 44 days worked before his accident, Meaux
worked at Cooper’s LaPlace location for 30 days, at the Belle Chasse location for 13 days, and at
the Darrow location for one day (the day of the accident).48
33. Broken down, Meaux spent 68.18% of his time working at LaPlace, 29.55% of his
time at Belle Chasse, and 2.27% of his time at Darrow.49

41 Trial Exh. 4 at 7-35.
42 R. Doc. 148 at 26-27.
43 Id.
44 R. Doc. 144 at 17.
45 Id.
46 R. Doc. 144 at 13; Trial Exh. 2 at 22, 35.
47 R. Doc. 144 at 13.
48 Id.
49 Id. at 14.
34. Except for his one day at Darrow, Meaux performed his cargo-handling work
midstream in the Mississippi River. He rode a third-party owned and operated crew boat to the
midstream locations.50
35. On 13 days, Meaux worked at Cooper’s Belle Chasse location. On the first day, he
attended an orientation. The other 12 days, Meaux worked cargo operations.51

36. While working at Cooper’s Belle Chasse location, Meaux worked aboard four vessels:
the Baltic Wind, SBI Puma, Bayou Special, and High Tide. Cooper was the owner and operator of
the crane barges Bayou Special and High Tide.52 Cooper did not own or operate the Baltic Wind
or SBI Puma. During this time, the Bayou Special and High Tide were unloading cargo from the
Baltic Wind and SBI Puma to cargo barges.53
37. Meaux performed maintenance work aboard Cooper vessels on five separate occasions
while working at Cooper’s Belle Chasse location: on January 4, 2019, Meaux spent the entire day
performing maintenance aboard the Bayou Special or High Tide; on January 5, 2019, Meaux spent
3.25 hours performing maintenance aboard the Bayou Special; on January 8, 2019, Meaux spent

7.25 hours performing maintenance aboard the High Tide; and on January 14, 2019, and January
21, 2019, Meaux spent the entire day performing maintenance aboard the Bayou Special.54
38. During these maintenance periods, the crane barges were tied up in a fleet at Belle
Chasse. Meaux was not assigned to a specific crane barge or as a member of its crew during that
time.55

50 R. Doc. 148 at 29-30.
51 R. Doc. 144 at 14.
52 Id.
53 Id.
54 Id. at 14-15.
55 R. Doc. 148 at 34-35.
39. When working at Cooper’s LaPlace location, Meaux did not perform any cargo
operations while aboard the Bayou Special.56
40. On 15 of the 30 days that Meaux worked at Cooper’s LaPlace location, he spent one
hour performing maintenance work aboard the Bayou Special before going to the oceangoing
vessels for loading operations. On the other 15 days, he went directly from the Bayou Special to

the oceangoing vessels without performing any maintenance work on a Cooper barge.57
41. While working at Cooper’s LaPlace location (aside from the maintenance he
performed), Meaux worked aboard seven different oceangoing vessels: the Wen Zhu Hai, FJ
Emerald, Leon, Ultra Leopard, Teal Bulker, Ocean Favour, and Faneromeni. Cooper does not
own or control any of these vessels.58
42. On February 19, 2019, the date of the accident, Meaux was working at Cooper’s
Darrow location (for the first and only time) aboard the Bayou Special and the barges that were
brought alongside it for cargo operations on the Baltic Ace, an oceangoing cargo ship owned and
operated by a third party. The port side of the Baltic Ace was tied up to the Zen-Noh dock. Meaux
was performing cover-handling work on the assisting barges.59

43. On the night of the accident, Meaux rode a crew boat from a dock to the Bayou Special.
The crew boat caught up to the Bayou Special as it was being pushed downriver to the Zen-Noh
dock, and Meaux rode on the Bayou Special as a passenger for the last half-mile or mile. He did
not perform any work on the Bayou Special or the tugboat during the short ride.60

56 R. Doc. 144 at 14.
57 Id.
58 Id.
59 R. Docs. 144 at 15; 148 at 37-42.
60 Trial Exh. 2 at 35-36.
44. This chart identifies the dates Meaux worked, the location, and the vessel upon which
he was physically positioned:61
Date Worked Location Meaux’s Physical Position During Work
January 3, 2019 Belle Chasse None - Orientation
January 4, 2019 Belle Chasse Bayou Special and High Tide
January 5, 2019 Belle Chasse Baltic Wind and Bayou Special
January 6, 2019 Belle Chasse Baltic Wind
January 7, 2019 Belle Chasse Baltic Wind
January 8, 2019 Belle Chasse SBI Puma and High Tide
January 9, 2019 Belle Chasse SBI Puma
January 10, 2019 Belle Chasse SBI Puma
January 11, 2019 Belle Chasse SBI Puma
January 12, 2019 Belle Chasse SBI Puma
January 13, 2019 Belle Chasse SBI Puma
January 14, 2019 Belle Chasse Bayou Special
January 15, 2019 LaPlace Wen Zhu Hai
January 16, 2019 LaPlace FJ Emerald
January 17, 2019 OFF
January 18, 2019 LaPlace Wen Zhu Hai
January 19, 2019 LaPlace Wen Zhu Hai
January 20, 2019 LaPlace Wen Zhu Hai
January 21, 2019 Belle Chasse Bayou Special
January 22, 2019 OFF
January 23, 2019 OFF
January 24, 2019 LaPlace Leon
January 25, 2019 LaPlace Leon
January 26, 2019 LaPlace Leon
January 27, 2019 LaPlace Leon
January 28, 2019 LaPlace Ultra Leopard
January 29, 2019 LaPlace Ultra Leopard
January 30, 2019 LaPlace Ultra Leopard
January 31, 2019 LaPlace Ultra Leopard
February 1, 2019 LaPlace Ultra Leopard
February 2, 2019 LaPlace Ultra Leopard
February 3, 2019 LaPlace Ultra Leopard
February 4, 2019 LaPlace Ultra Leopard
February 5, 2019 LaPlace Ultra Leopard
February 6, 2019 LaPlace Ultra Leopard
February 7, 2019 LaPlace Ultra Leopard
February 8, 2019 LaPlace Ultra Leopard
February 9, 2019 LaPlace Ultra Leopard

61 R. Doc. 144 at 15-16.
February 10, 2019 LaPlace Teal Bulker
February 11, 2019 LaPlace Ocean Favour
February 12, 2019 LaPlace Ocean Favour
February 13, 2019 LaPlace Faneromeni
February 14, 2019 LaPlace Faneromeni
February 15, 2019 LaPlace Faneromeni
February 16, 2019 LaPlace Faneromeni
February 17, 2019 LaPlace Faneromeni
February 18, 2019 LaPlace Faneromeni
February 19, 2019 Darrow Bayou Special and various barges alongside

45. This chart outlines the work Meaux performed at Cooper’s three locations:62
Location Total Days % of Days % of Other % of
Days Positioned Total Worked Total Work Total
Worked on Larger Time Positioned Time Time
at Cargo Worked on Cooper Worke Worked
Location Vessels Vessels d
LaPlace 30 28.75 65.34% 1.25 2.84% 0 -
Belle 13 8.12 18.45% 3.88 8.82% 1 2.27%
Chasse
Darrow 1 0 - 1 2.27% 0 -
TOTAL 44 36.87 83.79% 6.13 13.93% 1 2.27%

46. As shown in the above chart, Meaux spent 86.07% of his total time employed by
Savard and working for Cooper either in orientation or positioned physically aboard the larger
cargo vessels that were not owned or operated by Cooper when performing his assigned duties in
assisting the Cooper crane barges in their loading and unloading operations. Meaux spent 13.93%
of his total time employed by Savard and working for Cooper physically aboard vessels that were
owned or operated by Cooper.63

62 Id. at 16.
63 Id. at 17.
CONCLUSIONS OF LAW
I. The Jones Act – Seaman Status
1. Depending on the status of an injured worker and the allegedly responsible party, a
maritime worker injured in the course and scope of his employment may bring an action under the
Jones Act, the Longshore and Harbor Workers’ Compensation Act (“LHWCA”), the general

maritime law, or state law. See Chandris, 515 U.S. at 355-56.
2. The Jones Act permits a “seaman injured in the course of employment ... to bring a
civil action at law, with the right of trial by jury, against the employer.” 46 U.S.C. § 30104. A
Jones Act seaman may also bring a claim against his employer for maintenance and cure and
unseaworthiness. See Becker v. Tidewater, Inc., 335 F.3d 376, 387 (5th Cir. 2003); Meche v.
Doucet, 777 F.3d 237, 244 (5th Cir. 2015). The LHWCA is a workers’ compensation system and
the exclusive remedy available to “a broad range of land-based maritime workers” who are injured
in the course and scope of their employment but are not seaman and thus not entitled to sue under
the Jones Act. Chandris, 515 U.S. at 355 (citing 33 U.S.C. § 902(3)(G)).

3. The term “seaman” is not defined in the Jones Act. See 46 U.S.C. § 30104. A plaintiff
must establish seaman status. Becker, 335 F.3d at 390 n.8. Determining “whether an injured
worker is a seaman under the Jones Act is a mixed question of law and fact.” Id. at 386.
4. “Though the Jones Act does not define ‘seaman,’ Congress has elsewhere defined it as
the ‘master or member of any crew of any vessel.’” Naquin v. Elevating Boats, L.L.C., 744 F.3d
927, 932 (5th Cir. 2014) (citing Chandris, 515 U.S. at 355-56; 33 U.S.C. § 902(3)(G)), overruled
on other grounds by Sanchez, 997 F.3d at 573. However, not every “maritime worker on a ship at
sea … is automatically a member of the crew of the vessel within the meaning of the statutory
terms.” Chandris, 515 U.S. at 363. Job title does not determine seaman status. Harbor Tug &
Barge Co. v. Papai, 520 U.S. 548, 558 (1997). But seamen “owe their allegiance to a vessel and
not solely to a land-based employer.” Chandris, 515 U.S. at 359 (quotation omitted). The “inquiry
is fundamentally status based: Land-based maritime workers do not become seamen because they
happen to be working aboard a vessel when they are injured, and seamen do not lose Jones Act
protection when the course of their service to a vessel takes them ashore.” Id. at 361. Moreover,

“[i]n evaluating the employment-related connection of a maritime worker to a vessel in navigation,
courts should not employ a ‘snapshot’ test for seaman status, inspecting only the situation as it
exists at the instant of injury; a more enduring relationship is contemplated in the jurisprudence.”
Id. at 363 (quotation and citation omitted). “Thus, a worker may not oscillate back and forth
between Jones Act coverage and other remedies depending on the activity in which the worker
was engaged while injured.” Id.
5. In Chandris, the Supreme Court established a two-part test for seaman status. First,
the employee’s duties must “contribute to the function of the vessel or to the accomplishment of
its mission.” Id. at 368. Satisfying this part of the seaman test is relatively easy because the

individual “need only show that he does the ship’s work.” Naquin, 744 F.3d at 933 (quoting
Becker, 335 F.3d at 387-88). “This threshold requirement is ‘very broad,’ encompassing ‘all who
work at sea in the service of a ship.’” Becker, 335 F.3d at 387-88 (quoting Chandris, 515 U.S. at
368).
6. Second, the employee “must have a connection to a vessel in navigation (or to an
identifiable group of such vessels) that is substantial in terms of both its duration and its nature.”
Chandris, 515 U.S. at 368 (emphasis added). The claimed connection to a vessel or fleet of vessels
must be “temporally, more than fleeting, and, substantively, more than incidental,” because
the fundamental purpose of the substantial connection requirement is “to separate
the sea-based maritime employees who are entitled to Jones Act protection from
those land-based workers who have only a transitory or sporadic connection to a
vessel in navigation, and therefore whose employment does not regularly expose
them to the perils of the sea.”

Naquin, 744 F.3d at 933 (quoting Chandris, 515 U.S. at 368).
7. “The duration of a worker’s connection to a vessel and the nature of the worker’s
activities, taken together, determine whether a maritime employee is a seaman because the ultimate
inquiry is whether the worker in question is a member of the vessel’s crew or simply a land-based
employee who happens to be working on the vessel at a given time.” Chandris, 515 U.S. at 370.
8. In determining the durational aspect of the vessel-connection requirement, the Supreme
Court has adopted the Fifth Circuit’s general rule of thumb that “[a] worker who spends less than
about 30 percent of his time in the service of a vessel in navigation should not qualify as a seaman
under the Jones Act.” Id. at 371. The Supreme Court explained that this figure:
serves as no more than a guideline established by years of experience, and departure
from it will certainly be justified in appropriate cases. As we have said, the inquiry
into seaman status is of necessity fact specific; it will depend on the nature of the
vessel and the employee’s precise relation to it.

Id. (quotation and citation omitted).
9. In determining whether an employee has a substantial connection to a vessel in
navigation in terms of its nature, again, “it is not the employee’s particular job that is determinative
of seaman status, but the employee’s connection to the vessel.” In re Endeavor Marine, Inc., 234
F.3d 287, 291 (5th Cir. 2000) (quoting Chandris, 515 U.S. at 364), abrogated by Sanchez, 997
F.3d at 573. Until Sanchez, an employee would qualify for seaman status if the employee’s
connection to a vessel “regularly exposes him to the perils of the sea.” Id. (explaining Harbor
Tug, 520 U.S. at 554-55). Further, an employee would still be deemed exposed to the perils of the
sea despite limited experience in the open water; therefore, workers involved in a vessel’s work
near shore “still remain exposed to the perils of a maritime work environment.” Naquin, 744 F.3d
at 934 (rejecting “the categorical assertion that workers who spend their time aboard vessels near
the shore do not face maritime perils”).
II. Meaux’s Seaman Status After Sanchez
10. In Sanchez, the Fifth Circuit, sitting en banc, expressly overruled the panel decision in
Naquin v. Elevating Boats, L.L.C., 744 F.3d 927, 932 (5th Cir. 2014), and called into question the

panel decision in In re Endeavor Marine, Inc., 234 F.3d 287, 291 (5th Cir. 2000), to the extent
they held that the nature prong of the Chandris test was satisfied if the plaintiff was exposed to the
“perils of the sea,” without requiring more. Sanchez, 997 F.3d at 573. In the wake of Sanchez,
courts examining the nature of a putative Jones Act seaman’s connection to a vessel must make
the following “additional inquiries,” that is, in addition to asking whether a worker was subject to
the perils of the sea, courts must ask:
(1) Does the worker owe his allegiance to the vessel rather than simply to a
shoreside employer?

(2) Is the work sea-based or involve seagoing activity?

(3) (a) Is the worker’s assignment to a vessel limited to performance of a discrete
task after which the worker’s connection to the vessel ends, or (b) Does the
worker’s assignment include sailing with the vessel from port to port or location to
location?

Id. at 574.
11. After Sanchez was handed down, Cooper filed a renewed motion for reconsideration
of this Court’s prior ruling on the nature prong of the seaman-status test.64 In answering the first
of the three Sanchez inquiries, the Court determined that Meaux owed his allegiance to Cooper’s
fleet of crane barges “because all his work was done in the service of those vessels as a member
of their crews assisting in their cargo-handling mission,” and that “even if Cooper might be

64 R. Doc. 104.
considered a shoreside employer as to other of its employees, it was not as to Meaux” since the
work he performed was done midstream in conjunction with Cooper’s vessels.65
12. In answering the second of the Sanchez inquiries (namely, whether Meaux was engaged
in sea-based or seagoing activity), the Court acknowledged that it was making a close call: while
Meaux performed traditional longshore work, which is typically considered land-based

employment, he did so on vessels moored or anchored midstream in the Mississippi River, more
than a gangplank from shore, rendering his work for Cooper’s crane barges sea-based.66
13. In answering the third Sanchez inquiry, the Court determined that Meaux did not simply
perform discrete tasks for the Cooper crane barges he was assigned to work with, but instead, he
worked full-time with the crane barges to assist them in loading or unloading cargo vessels
midstream in the river.67
14. Finally, in addition to resolving the Sanchez factors in favor of the nature prong of the
seaman-status test, the Court continued to hold that Meaux’s work subjected him to the perils of
the sea – which is still a consideration after Sanchez, albeit only along with the three inquiries.68

15. Thus, in denying Cooper’s renewed motion for reconsideration, the Court concluded
that Meaux satisfied the Sanchez test for establishing a connection to an identifiable fleet of vessels
that is substantial in nature and reaffirmed that Meaux was a Jones Act seaman. But the Court did
so while acknowledging the perplexing dilemma “that Meaux’s traditional longshore work, if done
from the same crane barges tied up to the same cargo vessels dockside of the Mississippi River,
would land him outside the scope of Jones Act seaman status.”69

65 R. Doc. 120 at 6.
66 Id. at 6-7.
67 Id. at 7.
68 Id.
69 Id. In ruling on Cooper’s renewed motion for reconsideration, the Court did not revisit its rulings on the
duration prong. See R. Docs. 44; 57. Nor does it now. This Court has found that though Meaux was not physically
located aboard a Cooper vessel when performing his assigned duties (a requirement Cooper insists the Court errs in
III. Meaux’s Seaman Status Reconsidered After Trial
16. Now, after trial of the seaman-status issue, and having reconsidered all the previously
submitted evidence, along with the previously unavailable testimony presented at trial,70 the Court
reverses its prior rulings and holds that Meaux was not a Jones Act seaman because the evidence
presented at trial establishes that the balance of the Sanchez factors weighs against seaman status.

17. First, the Court looks anew at the question whether Meaux owed his allegiance to
Cooper’s fleet of crane barges as opposed to a shoreside employer. Cooper repeats its arguments
that Meaux did all his work for Savard and Cooper as shoreside employers and that he did not
work solely with a single crane barge to which he owed allegiance.71 Characterizing Cooper as a

not imposing), the entirety of these duties was performed by him in the service of a Cooper vessel in navigation, that
is, one within Cooper’s fleet of crane barges under its common ownership or control. In this way, the duration prong
is satisfied. Nevertheless, in an abundance of caution, the Court’s prior rulings addressing the duration prong (R.
Docs. 44; 57) are incorporated herein as findings of fact and conclusions of law, but because the Court holds that the
nature prong of the seaman-status test fails, they are unnecessary to the Court’s present decision.
70 Cooper and Savard settled the crossclaim with the express understanding that the Court undertake a bench
trial to revisit its prior ruling on seaman status. The trial would permit a more developed evidentiary record. In
essence, then, the trial essentially called for reconsideration of this Court’s prior summary-judgment orders.
Reconsideration of interlocutory orders is governed by Rule 54(b) of the Federal Rules of Civil Procedure, which
provides in pertinent part:

[A]ny order or other decision, however designated, that adjudicates fewer than all the claims or the
rights and liabilities of fewer than all the parties does not end the action as to any of the claims or
parties and may be revised at any time before the entry of a judgment adjudicating all the claims
and all the parties’ rights and liabilities.

Under Rule 54(b), a district court “is free to reconsider and reverse its decision for any reason it deems sufficient,
even in the absence of new evidence or an intervening change in or clarification of the substantive law.” Austin v.
Kroger Tex., L.P., 864 F.3d 326, 336 (5th Cir. 2017). Unlike motions to alter or amend a judgment under Rule 59(e),
“Rule 54(b)’s approach to the interlocutory presentation of new arguments as the case evolves can be more flexible,
reflecting ‘the inherent power of the rendering district court to afford such relief from interlocutory judgments as
justice requires.’” Id. at 337 (quoting Cobell v. Jewell, 802 F.3d 12, 25-26 (D.C. Cir. 2015)). However, the district
court must exercise this broad discretion sparingly to forestall the perpetual reexamination of orders and the resulting
burdens and delays. See Calpecto 1981 v. Marshall Expl., Inc., 989 F.2d 1408, 1414-15 (5th Cir. 1993) (“if the district
court was required to reconsider [an interlocutory order] simply because [the losing party] belatedly came forward
with evidence not submitted prior to the ruling[,] … the cycle of reconsideration would be never-ending”); Domain
Protection, LLC v. Sea Wasp, LLC, 2019 WL 3933614, at *5 (E.D. Tex. Aug. 20, 2019) (“although a district court
may revisit an interlocutory order on any ground it sees fit, it may also use its discretion to prevent parties from,
without justification, raising new arguments for the first time”) (emphasis in original; alteration and quotation
omitted); 18B CHARLES A. WRIGHT, ARTHUR R. MILLER, & EDWARD H. COOPER, FEDERAL PRACTICE AND
PROCEDURE § 4478.1 (3d ed. 2019).
71 R. Doc. 154 at 11-12.
shoreside employer for all purposes is exaggerated. Thus, although Meaux was not permanently
assigned to the crew of any one crane barge, he was most often assigned to assist in the cargo-
handling mission of one or another of the crane barges within Cooper’s fleet. In this sense, he was
employed by Savard to work for Cooper performing cargo-handling operations and his daily
assignments, including the Cooper vessel with which he worked, were dictated by the work

required. If Meaux’s work as part of a longshore crew makes Cooper a shoreside employer, even
though his work was performed midstream in conjunction with Cooper’s vessels, this first of the
Sanchez inquiries is reduced to a circular test. Still, the function Meaux performed (longshoring)
is an important consideration. Cooper also (but somewhat inconsistently) argues that the longshore
crew’s loyalty is to the cargo vessels being loaded and unloaded, not to Cooper’s crane barge,
because the cargo vessels “have the ability to tell the crane operators and/or longshore crew to
perform the work in certain ways.”72 This argument is unavailing as it proves too much and too
little. After all, this would suggest that the allegiance of the crane barge crew likewise runs to the
cargo vessels since the crane barge crew, too, is subject to such direction. But allegiance is

different from a line of communication, even an authoritative workflow line of communication.
In addition, Cooper’s argument fails to explain why the longshore crew’s loyalty would run to the
cargo vessels (which are owned by various entities not including Cooper) when the longshore
crewmembers are recruited, hired, paid, assigned work, and supervised by Cooper. Viewing these
factors together, though, this first Sanchez inquiry may tilt ever so slightly in favor of seaman
status.
18. Second, the Court again examines whether Meaux was engaged in sea-based or
seagoing activity. This remains a close call. Cooper is correct that Meaux performed traditional

72 R. Doc. 153 at 2.
longshore work, which is typically considered land-based employment. What is different here is
that Meaux performed his work on vessels stationed midstream in the Mississippi River. Only
once, at Darrow on the date of his injury, was the oceangoing cargo vessel moored dockside, just
a gangplank from shore. In its previous ruling, the Court analyzed this difference to find that it
subjected Meaux to the perils of the sea such that, on balance, his work should be considered sea-

based. Following Sanchez’s rejection of “perils of the sea” as a determinative consideration,
however, the Court now reassesses its previous ruling. While Meaux’s work was done on vessels
midstream, is it proper to say that his duties really took him to sea? See Papai, 520 U.S. at 555
(“For the substantial connection requirement to serve its purpose, the inquiry into the nature of the
employee’s connection to the vessel must concentrate on whether the employee’s duties take him
to sea.”). Boarding a crew boat to get to work is not seagoing activity; nor is performing longshore
work near or around water. Otherwise, scores of maritime workers would be transformed into
Jones Act seaman who the law currently does not recognize as such. As this Court previously
observed, Meaux would certainly not be categorized as a seaman if the vessel being loaded and on
which he worked was dockside.73 Simply put, it cannot be said that Meaux’s duties took him to

sea in the way Sanchez envisions to allow his work to be considered sea-based or its nature
seagoing activity.
19. Third, the Court reexamines whether Meaux’s assignment to any vessel was limited to
the performance of a discrete task after which his connection to the vessel ended, or whether his
assignment included sailing with the vessel from port to port or location to location. In his work
for Cooper, Meaux was assigned the jobs of flagger or utility man, each of which assisted the crane
barges to complete their cargo-handling missions; these were not discrete tasks, like that of a

73 R. Doc. 120 at 6-7.
contract welder who goes from ship-to-ship performing distinct welding jobs for different vessels,
with no connection to them. This aspect of the third Sanchez inquiry, then, tips in favor of seaman
status. But the other question bound up in this inquiry – that is, whether Meaux’s assignment
included sailing with the crane barges from port to port or location to location – tips decidedly
against seaman status. The evidence shows that Meaux did not sail with any of Cooper’s crane

barges from cargo-handling location to cargo-handling location in the Mississippi River. There is
no evidence that Meaux did any work on any Cooper crane barge while it was in transit. Only
once did Meaux ride a crane barge (the Bayou Special) to its work destination, and then only as a
passenger, and only because his crew boat caught up to it. On all the other days, Meaux boarded
a crew boat or walked a gangplank to board the crane barge with which he was assigned to work
that day and then, most often, only to cross over the deck of the crane barge to board the cargo
vessel to perform his signaling duties as flagger. Then, at the end of the day, he would take the
crew boat to shore and he would go home like any other longshoreman. Thus, on balance, this
factor weighs against seaman status.

20. In sum, when all the evidence addressing the Sanchez factors is considered and
weighed together, the Court determines, on another close call, that Meaux was not a Jones Act
seaman.
Accordingly, for the foregoing reasons,
IT IS ORDERED that there be judgment in favor of Cooper and against Savard finding
that Meaux was not a Jones Act seaman.
New Orleans, Louisiana, this 3rd day of May, 2022.

________________________________
BARRY W. ASHE
UNITED STATES DISTRICT JUDGE

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10187744. Public record. Not legal advice.