Samuel Ili v. American Seafoods Company LLC

FILED

NOT FOR PUBLICATION NOV 25 2009

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

SAMSON ILI, No. 09-35000

Plaintiff - Appellant, D.C. No. 2:07-CV-01275-MJP

v.

MEMORANDUM *

AMERICAN SEAFOODS CO., LLC,

AMERICAN TRIUMPH, LCC,

Defendants - Appellees.

Appeal from the United States District Court for the Western District of Washington Marsha J. Pechman, District Judge, Presiding

Argued and Submitted November 6, 2009 Seattle, Washington

Before: ALARCÓN, KLEINFELD and CLIFTON, Circuit Judges.

Samson Ili has two causes of action at issue on appeal: negligence under the

Jones Act, 46 U.S.C. § 30104, and unseaworthiness under maritime common law,

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. Mitchell v. Trawler Racer, Inc., 362 U.S. 539, 547-50 (1960). There are triable

issues of material facts as to whether requiring a 16-hour work day, seven days a

week, for months at a time, is negligent or creates an unseaworthy condition; and

whether such…