Question II - Lonnie dies while working on a barge. Lonnie's widow sues the barge company in state court. The Parties agree on the facts and cause of Lonnie's death; however, they do not agree whether the Longshoreman Act should apply to this case. Lonnie's widow has already received a remedy in a separate administrative action as part of a workers' compensation claim. The Longshoreman Act would allow the decedent's family to pursue an action in court, even if the family has agreed to a settlement as part of the worker's compensation action. If the Longshoreman Act does not apply, then the decedent's family will have no remedy in court. Prior to trial, what motion should the barge company's attorney make? What must this attorney prove in order for her motion to be successful?