Huseman v. Icicle Seafoods, Inc.

471 F.3d 1116 Lanny M. HUSEMAN, Plaintiff-Appellant, v. ICICLE SEAFOODS, INC., a Washington corporation; F/V DISCOVERY STAR, Official No. 500072, her engines, tackle, furniture, apparel and equipment, In Rem, Defendants-Appellees. No. 04-35655. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 3, 2006. Filed December 27, 2006. Eric Dickman, Injury at Sea, Seattle, WA, for the appellant. Philip W. Sanford and Daniel S. Potts, Holmes Weddle & Barcott, Seattle, WA, for the appellees. Appeal from the United States District Court for the Western District of Washington; Robert S. Lasnik, District Judge, Presiding. D.C. No. CV-03-02786-RSL. Before REINHARDT, McKEOWN, and CLIFTON, Circuit Judges. Opinion by Judge McKeown; Dissent by Judge Reinhardt McKEOWN, Circuit Judge. 1 Lanny Huseman appeals the district court's decision on summary judgment that his Jones Act, 46 App. U.S.C. § 688, and unseaworthiness claims against Icicle Seafoods, Inc. ("Icicle") were time-barred and that his maintenance and cure claim was barred by laches. As to the Jones Act and unseaworthiness claims, Huseman does not dispute that his filing was untimely and beyond the three year…