Chandris, Inc. v. Latsis, 515 U.S. 347, 7 (1995)

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Cite as: 515 U. S. 347 (1995)

Opinion of the Court

took this case as an opportunity to clarify its seaman status requirements, directing the District Court that the jury should be instructed on remand as follows:

"[T]he test of seaman status under the Jones Act is an employment-related connection to a vessel in navigation. The test will be met where a jury finds that (1) the plaintiff contributed to the function of, or helped accomplish the mission of, a vessel; (2) the plaintiff's contribution was limited to a particular vessel or identifiable group of vessels; (3) the plaintiff's contribution was substantial in terms of its (a) duration or (b) nature; and (4) the course of the plaintiff's employment regularly exposed the plaintiff to the hazards of the sea." 20 F. 3d, at 57.

Elsewhere on the same page, however, the court phrased the third prong as requiring a substantial connection in terms of both duration and nature. Finally, the Court of Appeals held that the District Court erred in instructing the jury that the time Latsis spent with the ship while it was in dry-dock could not count in the substantial connection equation. Id., at 55-56. Judge Kearse dissented, arguing that the dry-dock instruction was not erroneous and that the remainder of the charge did not constitute plain error. Id., at 58.

We granted certiorari, 513 U. S. 945 (1994), to resolve the continuing conflict among the Courts of Appeals regarding the appropriate requirements for seaman status under the Jones Act.*

*We granted certiorari on the following question, set forth in the petition: "What employment-related connection to a vessel in navigation is necessary for a maritime worker to qualify as a seaman under the Jones Act, 46 U. S. C. § 688?" Pet. for Cert. i. Petitioners argue for the first time in their opening brief on the merits that, because respondent failed to raise a timely objection under Rule 51 of the Federal Rules of Civil Procedure, we should limit the scope of our review to the narrower issue of whether the District Court's seaman status jury instructions constituted "plain error." Brief for Petitioners 12-14. Under this Court's Rule 14.1(a), "[o]nly the questions set forth in the petition [for certiorari], or

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