- Coming and Going: Violent crime is up in the Bahamas
- Two killed as giant waves hit Mediterranean cruise ship
- Huge Waves Hit Cruise Ship (VIDEO): Cruise Travelers Discuss Deadly Waves
- Egypt: 3 crew members die in cruise liner accident
- Tiger Woods is being sued after former deckhand loses fingers in accident on yacht
- Coast Guard continues to search for overboard cruise ship crew member
- Woman reportedly killed aboard cruise ship
- Carbon monoxide sickens members of cruise ship crew
- SD Coast Guard teams perform 2 medevacs
- Cruise ship passenger murdered during port call in Antigua
- Report urges cruise industry to clean up its act
- Maritime Lawyer Charles R. Lipcon Named World's Best Prosecutor of Cruise Lines
- Cruise ship passenger jumps overboard
- Officials ID woman who jumped from Canaveral-based cruise ship
- ACS Most Common Diagnosis in CV Patients on Cruise Ships
- Cruise boozing slammed
- Death toll in shipwreck in Brazil reaches seven
- Cruise liner hit with second virus outbreak
- Boat driver: Coast Guard vessel sped before crash
- Budget Travel: A theory about the itineraries of the new mega-cruise ships
- Safety warning for cruise visitors
- 31 Year Old Italian Chef Angelo Faliva Missing Aboard "Coral Princess" Sailing from Aruba to Colombia between Nov. 24 & 25
- Too little, too late? A cruise passenger robbed in Nassau speaks out
- Nassau crime wave hits cruises
- Bahamas security to be beefed up after U.S. cruise ship passengers robbed
- Royal Caribbean unveils first tracking system for children on cruise ships
- Cruise Ship Rescues Seattle Couple In High Seas
- Oasis of the Seas wows the crowds as it docks at Port Everglades
- Woman 'buzzed' night of alleged cruise ship attack
- Wet and Wild
- Cruise ship safety measure wins House OK
- Sex claim clouds cruise
- Police investigate P&O sexual assault allegations
- Search on for passenger missing from Princess cruise ship
- Rochester man charged with sexually abusing teen on cruise ship
- Cruise Passenger Dies in Ship-Sponsored Tour
- Irish cruise ship man falls overboard while sharing kiss with girl
- Six Carnival cruise ship passengers jailed in Antigua after dispute with cabbie
- Drama at sea: Disney cruise ship comes to rescue after Carnival passenger goes overboard
- Accident In Bahamas Leaves NCL Passenger Dead
- Coast Guard airlifts woman from cruise ship
- Rape Suspect Arrested On Carnival Cruise Ship
- Search Ends for Woman Missing from Cruise Ship in Glacier Bay National Park
- Search Ends for Woman Missing from Cruise Ship in Glacier Bay National Park
- Curiosity cuts man's family cruise short
- Curiosity cuts man's family cruise short
- Emotional comments from man held in cruise death
- Two brothers die in boat crash off Dinner Key
- Coast Guard plucks infant from cruise ship
- Cruise industry supports tougher safety rules
- Cruise ship industry reverses stance, backs federal safety bill
- One dead, dozens ill as 'vomiting bug' breaks out on cruise ship
- Cruise ship passengers injured in St. Thomas tour bus crash
- Sexual assaults on cruise passengers increase
- Cruise Ships Top Spot For Sexual Assaults
- Sexual assaults on the high seas come under scrutiny
- Going Over the Edge on Cruise Ships
- Swine flu cruise ship quarantined
- Engine Room Fire on Princess Cruise Ship
- Cruise ship accidents prompt questions: How do people fall off....and why
- Ala. Woman Reportedly Goes Overboard on Cruise Ship
- Man rescued in Fla. after falling from cruise ship
- Boating Accidents
- Would You Ride In A Cruise Ship's Baby Blimp
- Is Swine Flu Keeping Cruise Ship Out to Sea
- 2,200 Pages Of Court Records Released About Cruise Ship Death
- Cruise ship reports virus sickens 108
- Swine flu causes more chaos for ship
- More suspected swine flu found on Pacific Dawn cruise ship
- Recent graduate goes overboard from cruise ship
- Coast Guard medevacs 1 from cruise ship in Chesapeake Bay
- Hero cruise ship Britons fight off armed Somali pirates with deckchairs and tables
- Woman Rescued Off Cruise Ship Near Bodega Bay
- Six remain hospitalized from boat explosion in Tampa Bay
- Alaska awaits verification of swine flu finding
- Flesh eating bacteria consumes cruise passenger in 24 hours
- Coast Guard medically evacuates 65-year old woman from cruise ship
- Brevard 8th in state in boating accidents
- Cruise ships depart; did Alaskans sink a profitable tourism industry?
- Boating Fatality Statistics
- Problems at sea spark requests on new legislation for cruise ships
- Freedom of the Seas arrives
- Cruise ships to drop anchor – and cash
- Cruise Ship Safety Proposed Federal Law
- USCG airlifts 3-year-old from cruise ship
- Cruise lines suspend stops in Mexico
- As swine flu outbreak worsens, cruise lines cancel stops in Mexican ports
- Sailor sues over safety of pirated Maersk Alabama
- Freak accident injures cruise passenger in Fort Lauderdale
- Pirate threat prompts MSC to alter cruise ship itinerary
- Couple fall from cruise ship
- Aurora limps back to Britain after 'ruined' cruise
- NTSB investigating fatal Fla. power boat wreck
- Local and World News Cruise ship assault charges
- Maersk announce Somalia Pirate captive Captain Richard Phillips rescued by US Navy
- Pro Bono: Making strides despite economy
- Cruise ship waiter pleads not guilty
- Guests ‘imprisoned’ as cruise ship makes two stops in 22 days
- Peter Greenberg Talks About "Cruise, Inc."
- Hapless Cruise Ship Back in Palma
- Cruise industry tries to sail through challenging time
- MV Dive Asia 1 Accident
- Arrest In Cruise Ship Assault
- Violent Winds Send Mediterranean Cruise Passengers Into Sea
- Cruise line has option for layoff-wary passengers
- Cruise Ship Passengers Air Lifted To Miami After Bus Crash In Dominica
- Another expedition cruise ship runs aground in Antarctica
- Cruise Lines Reach Settlements with Attorney General Over Fuel Surcharges
- Cruise Craft Strikes Docked City Fireboat
- Royal Caribbean Sees Lower 2009 Profit on Sales Slump
- When cruise vacations end tragically, who's to blame?
- Charles Lipcon On Possible Dangers on Cruise Ships
- Search Called Off For Missing Carnival Employee
- Cruise passenger reported overboard near Cancun
- Cruise Ship Lets Off Passengers to Avoid Pirate Threat
- Expedition ship carrying Americans runs aground in Antarctica
- Cruise Passengers Describe Gunfire Hitting Ship During Pirates' Hijacking Attempt
- Use common sense precautions aboard
- Royal Caribbean wants you to pay a $15 surcharge for red meat
- Mysterious Disappearances On Cruise Ships
- Take precautions on a cruise ship
- Staying safe while on a cruise
- Cruise safety
- It's not all fun, food and foolin' around on cruise ships
- Cal Boating releases safety report
- Cruise Bruise For Mobile
- Final sail: SeaEscape says its 21-year run at Port Everglades is over
- Feds indict Alaska Sen. Ted Stevens
- InsideTrack: The Love Boat: Exciting and Contagious
- Worthless paintings puchased on cruise ship
- Outrage over 2006 Egypt ferry disaster acquittals
- Widows of 'Princess' crew refuse P20,000-death benefit
- Review: No Safe Harbor by Joe Burnworth
- Injured sailor rescued at sea by cruise ship
- Coast Guard Detains Cruise Ship
- Cruise Ship Passengers Rescued After Fall From Princess Cruise Liner
- Key residents points out hazards of taking a cruise in new book
- Cruise Ship Crime Sparks Demands for Law
- Only Bodies Found Under Capsized Ship
- Woman alleges rape on ship
- Hearings on "Cruise Ship Safety: Examining Potential Steps for Keeping Americans Safe at Sea"
- Woman Brings Suit Against Carnival Cruise Line Over Rape
- Kerry Demands Cruise Ship Safety for Passengers
- Maritime attorney Charles Lipcon named 2008 SuperLawyer
- Hearings on Cruise Ship Safety - Examining Potential Steps for Keeping Americans Safe at Sea
- Dead sailor had no breathing gear
- Cruise Lines And Medical Care
- Florida #1 in Nation Again for Boating Accident Deaths
- Sailing in Troubled Waters
- Medical Care on Cruise Ships
- A Million Dollars For Sea Hauler Victims
- Cruise line pleads guilty in deadly blast
- An injured worker's claim for vessel negligence against a third-party tortfeasor under 33 U.S.C.S. § 905(b) of the LHWCA failed because the worker was injured ashore while building a pontoon to move an offshore drilling rig that was moored in his employe
- In a seaman's suit against a union for failing to fairly represent him after he was discharged for health reasons from working on a vessel, the union did not breach its duty of fair representation because it was not required to file a brief in support of
- Under the Chandris rule, an injured worker whose job was to notify drilling rig movers of potential underwater hazards could not recover damages for negligence under the Jones Act, 46 U.S.C.S. § 30104(a), because he did not spend 30 percent of his time o
- It was error to deny a cruise ship line's 735 Ill. Comp. Stat. Ann. 5/2-619(a)(9) (2006) motion to dismiss a passenger's negligence suit based on a forum selection clause because (1) a contract's physical characteristics reasonably communicated the clause
- Commuter seaman was not entitled to receive maintenance and cure from barge owner under the Ship Owner's Liability Convention. Stipulated evidence that was presented at trial indicated that seaman was far more likely infected with the disease at night whi
- In an action against the United States under the Suits in Admiralty Act, 46 U.S.C.S. § 30903, a cargo transport vessel was found to be unseaworthy and the employer liable under the Jones Act because it failed to carry insulin to treat a seaman afflicted
- In a dispute over the payment of a seaman's medical bills, a hospital did not have standing to enforce a guarantee executed under 8 U.S.C.S. § 1283 because it was not an intended third-party beneficiary of such. Neither the hospital or any other medical
- Plaintiff's motion for reconsideration of order vacating the process of maritime attachment was denied. Plaintiff argued the court's holding that the District of New Jersey was a convenient adjacent jurisdiction to Southern District of New York was wrong,
- Plaintiffs' action against the owner of a ship was properly dismissed because the Fifth Amendment barred the exercise of personal jurisdiction; the ship owner could not be subjected to personal jurisdiction with respect to an unrelated suit merely because
- When, during Limitation of Vessel Owner's Liability Act, 46 U.S.C.S. § 30501 et seq., proceeding, boat renter's primary insurer became insolvent, trial court wrongly agreed with guaranty association that leisure boat service's insurer became liable as
- District court erred in dismissing salvage company's in rem admiralty action seeking arrest of vessel that sank in Lake Michigan for failure to give specific details about shipwreck location without first assuring continuance of federal jurisdiction over
- Parties to voyage charter unambiguously structured relationship such that vessel owner was not party to voyage charter, and vessel owner was not bound by New York arbitration clause incorporated into bill of lading, given terms of New York arbitration
- Cruise-industry giant Carnival challenges state's fuel-fee probe
- Veteran Maritime Attorney Reveals Horrors That Occur Aboard Cruise Ships
- When Adventure Tourism Kills
- District court properly granted summary judgment to engineer in pier owner's action arising out of collapse of pier by upstream construction work because although pier insurer's transfer of subrogation rights to owner was permissible under state law, furt
- Uberrimae fidei supported a marine insurer's request to rescind a marine insurance policy because the insured made material misrepresentations in the insurance policy application; the application requested the yacht's purchase price and the present insure
- As 33 U.S.C.S. § 905(a) of the Longshore and Harbor Workers' Compensation Act, 33 U.S.C.S. § 901 et seq., preempted an employee's claim under Ohio law against his employer, alleging that the employer caused an injury through an intentional act committed
- District court did not err in finding that towing company was not entitled to salvage award because vessel was not in a situation of reasonable apprehension of maritime peril where hurricane had already passed through the area, vessel was secured in marin
- Where cruise ship passengers got sick aboard a cruise ship, a forum selection clause in the cruise contracts required that suit be brought in the federal district court in Washington. The passengers could not file suit in state court under the savings to
- More Cruise Ship Crewmembers coming forward claiming Slavery
- ANA Receives $447,095 Donation
- Attorneys await ship staffer's release
- Worker accuses Carnival of forced labor, slavery in lawsuit
- Crew member accuses Carnival cruises of slavery
- Crew Member Alleges She's Being Held Aboard As A Slave Carnival Glory
- Unsafe On The High Seas On Sale At Amazon.com Now
- Because of isolated and sporadic nature of calls made on US ports by defendants' vessels, lack of control defendants possessed over calls, and absence of other contacts with US in Asarco framework, defendants lacked requisite "continuous and systematic"
- Administratrix could not recover from an employee and a staffing company for the death of her decedent at a shipbuilding company because LHWCA was exclusive remedy for decedent in relation to his employer and coworkers pursuant to 33 U.S.C.S. §§ 905(a).
- In a maritime claim under the Shipowners' Liability Act, claimant's award for future pain and suffering had to be reduced to its present value. The Doca discount rate of two percent was a reasonable representation of the present value of the claimant's
- Jury verdict in favor of deckhand on his claims under Jones Act and general maritime law was affirmed because even if the admission of the 2006 photographs was error, the admission did not alter the outcome of the trial because there were uncontested phot
- A semi-submersible drilling rig under construction and on which the worker was injured, not yet put into navigation as an instrument of commerce, was not a vessel, thus, it was error to deny the employer summary judgment on the worker's Jones Act...
- Cruise ship operator was entitled to summary judgment under Fed. R. Civ. P. 56 in a negligence action for injuries sustained during a shore excursion because operator had no duty to warn about obvious danger that dune buggies might be involved...
- Unsafe On The High Seas' launches at The Collection
- Cruise doctors not responsible for your health
- How to Stay Safe on the High Seas
- Cruise Lines Are Responsible For Care Provided By Ship Doctors: Travel Myth or Fact?
- 20/20 - Charles Lipcon and Cruise Lines
- Chance of Rape on Cruise Ship greater than on Land
- NTSB blames captain, staff for ship accident
- Maintenance Blamed in '03 Cruise Blast
- The Morning Show With Mike and Juliet - Unsafe on the High Seas
- IN A PERSONAL INJURY CASE INVOLVING COLLISION WITH A BARGE, MOTION FOR PARTIAL SUMMARY JUDGMENT FILED BY LIMITATION PETITIONERS WAS DENIED AND THE WIFE OF THE DECEASED WAS NOT JUDICIALLY ESTOPPED FROM ASSERTING A LOSS OF SUPPORT CLAIM BASED ON ASSERTIONS
- A FISHING BOAT AND ITS CAPTAIN WERE PROPERLY GRANTED FED. R. CIV. P. 56(C) SUMMARY JUDGMENT IN A PASSENGER'S PERSONAL INJURY LAWSUIT BASED ON INJURIES INCURRED WHEN THE BOAT WAS STRUCK BY A "ROGUE" WAVE BECAUSE THERE WAS NO EVIDENCE THAT THE CAPTAIN'S RES
- PETITION FOR WRIT OF MANDAMUS WAS DENIED AS COURT DID NOT ABUSE ITS DISCRETION WHEN IT REFUSED TO ENFORCE A VENUE-SELECTION AGREEMENT AS TEXAS LAW PROHIBITED PARTIES FROM CONTRACTING AWAY MANDATORY VENUE AND FORMER TEX. CIV. PRAC. & REM. CODE ANN. ¤ 15.0
- WHERE FISHERMEN WORKED UNDER LAY SHARE CONTRACTS CONTRAVENING 46 U.S.C.S. ¤ 10601, A TRIAL COURT, IN APPLYING THE DOCTRINE OF LACHES, CORRECTLY CHOSE R.I. GEN. LAWS ¤ 28-14-20 AS THE MOST ANALOGOUS STATUTE OF LIMITATIONS AND BARRED CLAIMS OLDER THAN THR
- TRIAL COURT ORDERS DISMISSING PASSENGERS' MARITIME PERSONAL INJURY ACTIONS WERE AFFIRMED BECAUSE THE FORUM-SELECTION CLAUSE IN FORM CONTRACTS A CRUISE LINE ISSUED TO THE PASSENGERS, WHICH DIRECTED THAT PASSENGER LAW SUITS ARISING OUT OF A PASSENGER'S CRUI
- ILLINOIS WHISTLEBLOWER ACT, 740 ILL. COMP. STAT. 174/20, AND THE SEAMAN'S PROTECTION ACT, 46 U.S.C.S. ¤ 2114(A)(1)(A), WERE INAPPLICABLE TO A DECKHAND'S CLAIM THAT HE WAS FIRED FOR COMPLAINING THAT BARGE CREW MEMBERS WERE USING ILLEGAL DRUGS
- Maritime lawyer Charles R. Lipcon publishes new book about the Cruise Industry
- MOTION FOR SUMMARY JUDGMENT DENIED WHERE SHIPOWNER FAILED TO EXERCISE REASONABLE CARE BY CREATING A FORESEEABLE HAZARDOUS SITUATION. IN SUCH INSTANCES, A PLAINTIFF NEED NOT SHOW THAT THE SHIPOWNER HAD NOTICE OF THE HAZARD.
- Because 46 C.F.R. § 92.25-5's three-course safety rail requirement applied to vessel and because vessel only had two-course rail, longshoreman established regulatory violation. Longshoreman belonged to class of beneficiaries and suffered injury of type..
- The dismissal of a seaman's maritime negligence complaint against a tug boat owner was affirmed; the district court properly articulated the legal standard for negligence, properly admitted evidence of industry practices, customs, and norms as to what con
- Release that seaman signed in favor of employer in exchange for $ 4,000 was properly found to be invalid where neither doctor nor employer informed seaman of his injuries, seaman had no legal representation when he executed release...
- In a Jones Act seaman's suit to recover damages for injuries sustained while working as a deckhand for defendants, seaman's motion to sever his cure claim for an expedited trial was granted; seaman had not reached maximum medical improvement...
- Crew members had a valid lien on proceeds from sale of vessel for unpaid tips. Trustee assumed and continued operation of vessel until its arrest for benefit of bankruptcy estate, and, in so doing, trustee stepped into shoes of vessel owner...
- Trial court properly found for an employee in a case under the Jones Act, 46 U.S.C.S. § 688, because there was sufficient testimony concerning the seriousness of her injuries and there was testimony establishing that the lighting in the area ...
- Crew member, who was working on his employer's vessel and was allegedly injured when he threw a pump onto another owner's distressed vessel, could bring a claim for unseaworthiness against the other vessel owner
- TUGBOAT CAPTAIN WAS FOUND NEGLIGENT BASED ON THE PENNSYLVANIA RULE AND THE LAST CLEAR CHANCE DOCTRINE due, in part, to the tugboat's CREATION OF AN EXCESSIVE WAKE WHICH CAUSED THE DECEDENT'S VESSEL TO CAPSIZE.
- Under the Limitation of Vessel Owner's Liability Act, court granted a tug owner partial summary judgment against bridge owner after the tug collided with bridge where the bridge owner could not establish the tug's unseaworthiness or negligence of tug's ca
- Seaman, who worked as a bedroom/galley hand on vessels operated by his employer, was entitled, in accordance with the Jones Act, to maintenance and cure, damages for pain and suffering, and damages for economic losses where he was injured in transport bet
- Seaman's motion under Fed. R. Civ. P. 60(b) was improperly denied without evidentiary hearing after his Jones Act case was dismissed pursuant to a purported settlement. The record did not indicate that seaman had an informed understanding of his rights un
- District court did not err in finding that yacht owners were entitled to exoneration under 46 U.S.C.S. § 30505 in connection with damage sustained by dock when yacht broke free from its anchorage during a hurricane where owners showed that damage could n
- The estate of a decedent was limited to recovery of only pecuniary losses as a matter of law against the manufacturer of a vessel that sank, killing the decedent, because the estate expressly premised its claim on 46 U.S.C.S. § 30104(a) as the decedent w
- No Love (for the Sick) Boats
- Health Blog : No Love (for the Sick) Boats
- Charles R. Lipcon interviewed on BBC Radio
- ALTHOUGH DISTRICT COURT ARTICULATED CORRECT STANDARD TO DETERMINE WHETHER AN ARRESTING PARTY WAS ENTITLED TO A WARRANT OF ARREST, IT IMPROPERLY TURNED SUPP. R. CERTAIN ADM. & MAR. CL. E(4)(F) HEARING INTO A MINI-TRIAL AND POSED A MUCH HIGHER BURDEN THAN W
- THE VOYAGE REQUIREMENTS IN 46 U.S.C.S. §§ 10301, 10501, APPLIED TO SEAMEN ON BOTH AMERICAN AND FOREIGN VESSELS WHO SOUGHT PENALTY WAGES UNDER 46 U.S.C.S. §§ 10313, 10504, THUS, SUMMARY JUDGMENT TO THE ALLEGED SHIP OWNER ON THE SEAMAN'S PENALTY WAGE CL
- CRANE OPERATOR'S NEGLIGENCE ACTION WAS PROPERLY DISMISSED FOR LACK OF ADMIRALTY JURISDICTION UNDER FED. R. CIV. P. 9(H) AND 28 U.S.C.S. § 1333(1) BECAUSE OPERATOR WAS WALKING A CRANE ON A DOCK WITH NO VESSELS ON OR NEAR DOCK AT THE TIME OF INCIDENT. THUS
- EVIDENCE THAT A DECEDENT SPENT 32 PERCENT OF HIS TIME PERFORMING MARINE WORK FOR HIS EMPLOYER IN CONJUNCTION WITH HIS JOB DESCRIPTION, THE SKILLS HE WAS EXPECTED TO PERFORM, AND THE ACTUAL TASK PERFORMED AT THE TIME OF HIS DEATH ESTABLISHED THAT THE DECED
- COURT DENIED MOTION BY PROVIDER OF MILITARY ENTITIES TO VACATE EX PARTE ORDER SERVED BY BUNKER SUPPLIER DIRECTING ATTACHMENT UNDER SUPP. R. CERTAIN ADM. & MAR. CL. B. CONTRACT FOR FURNISHING FUEL TO VESSEL QUALIFIED AS MARITIME CONTRACT SUCH THAT ADMIRALT
- SUMMARY JUDGMENT IN FAVOR OF EMPLOYEE REGARDING MAINTENANCE RATE WAS REVERSED BECAUSE THE MAINTENANCE RATES, LIKE ANY OTHER BENEFIT THAT WAS THE ULTIMATE RESULT FROM GIVE AND TAKE COLLECTIVE BARGAINING BETWEEN PARTIES, SHOULD BE BINDING ON THEM. THEREFORE
- A TRIAL COURT PROPERLY GRANTED A VESSEL OWNER SUMMARY JUDGMENT ON A CAPTAIN'S NEGLIGENCE CLAIM UNDER THE JONES ACT WHERE NOTHING INDICATED THAT THE VERBAL CONFRONTATIONS BETWEEN THE CAPTAIN AND A DECKHAND PLACED THE CAPTAIN IN REASONABLE APPREHENSION OF P
- EMPLOYEE WHO HAD A CLAIM AGAINST THE DEBTOR FOR AN INJURY SUSTAINED WHILE ON BOARD THE DEBTOR'S VESSEL WAS ALLOWED TO FILE A LATE CLAIM PURSUANT TO FED. R. BANKR. P. 9006 BECAUSE THE EMPLOYEE PRESENTED LEGITIMATE REASONS FOR DELAYING THE FILING OF THE CLA
- WHERE AN EMPLOYEE ALLEGEDLY WAS INJURED WHILE WORKING AS A PILE DRIVER ON A BARGE, A JURY DID NOT ERR IN FINDING THAT HE WAS NOT A JONES ACT SEAMAN, BECAUSE, INTER ALIA, ONLY 16% OF HIS WORK WAS PERFORMED ON "WATER," ALL THE VESSELS ON WHICH HE WORKED WER
- PLAINTIFFS WERE ENTITLED TO SUMMARY JUDGMENT ON LIABILITY BASED ON APPLICATION OF "THE PENNSYLVANIA RULE," WHERE FLORIDA STATUTES REGARDING RECREATIONAL BOATING SAFETY WERE VIOLATED.
- Grocer's fall called accident
- Sparring over crime at sea
- "Miami Vice" Lawsuit Settled
- Man Killed In Freak Boating Accident
- Pilot in fatal helicopter crash in fair condition
- Report shows cruise-related spending up 9 percent in 2006
- Father Files Suit In Deadly Parasail Accident
- NGC Settles First Strikes Lawsuit
- IN A SUIT ARISING FROM A DECEDENT'S EXPOSURE TO ASBESTOS, A DAMAGES AWARD IN FAVOR OF HIS ESTATE WAS NOT EXCESSIVE, AND WAS PROPERLY BASED ON GENERAL MARITIME, AND NOT VIRGINIA LAW. FURTHER, GIVEN THE FAILURE BY THE DECEDENT'S EMPLOYER TO COMPLY WITH VIRG
- JUDGMENT IN FAVOR OF THE CLAIMANT ON HIS JONES ACT CLAIM AND CLAIM THAT THE BARGE WAS UNSEAWORTHY, WAS AFFIRMED BECAUSE THE ANGLE IRONS POSED A REASONABLY FORESEEABLE DANGER, AND THE FINDER OF FACT COULD FIND THAT IT WAS UNREASONABLE TO LEAVE THE ANGLE IR
- IN A CASE IN WHICH A SEAMAN SUED THE WASHINGTON STATE FERRIES (WSF) AFTER HE WAS ATTACKED AND SERIOUSLY INJURED BY AN INTOXICATED PASSENGER, THE TRIAL COURT ERRED IN NARROWLY CONSTRUING WSF'S DUTY TO PROTECT ITS CREW MEMBERS FROM AN INTOXICATED PASSENGER
- BECAUSE NO REASONABLE JURY COULD HAVE FOUND THAT THE AUTHORITY UNREASONABLY WITHHELD MAINTENANCE AND CURE AND THE JURY'S VERDICT WAS SUPPORTED BY THE EVIDENCE, INTER ALIA, THE DISTRICT COURT'S JUDGMENT IN FAVOR OF THE RIVER AND BAY AUTHORITY ON THE WORKER
- GENERAL DAMAGES AWARD OF $750,000 FOR SEAMAN WHOSE FOOT WAS CRUSHED WAS EXCESSIVE UNDER MAXIMUM RECOVERY RULE AS IT WAS MORE THAN 133% OF HIGHEST RECOVERY HAD IN LOUISIANA FOR SIMILAR INJURY. EMPLOYER WAS REQUIRED TO PAY MAINTENANCE AND CURE FOR UNCERTAIN
- Ocala-area teen in Pompano parasail accident dies
- Parasailing accident that claimed teen's life is probed
- Family, Senator Push For New Parasail Laws
- IMB Weekly Piracy Report
- Fatal accident prompts some parasailing operators to call for regulation
- Funeral Arrangements Underway For Parasail Teen
- Arctic ice fall “injures 14 tourists”
- Florida leads nation in boating fatalities
- Case of the Sick Child at Sea
- TUGBOAT OWNER WAS PROPERLY EXONERATED UNDER THE FORMER LIMITATION OF SHIPOWNER'S LIABILITY ACT FROM LIABILITY ARISING FROM A COLLISION BETWEEN THE TUG AND A SHIP; THE RECORD SUPPORTED A FINDING THAT THE PILOTING OF THE TUG WAS NOT NEGLIGENT AND THAT THE S
- A DISTRICT COURT'S DISMISSAL OF A MARINE COMPANY'S THIRD PARTY DEMAND WAS AFFIRMED SINCE A WORKER'S SUIT AGAINST THE MARINE COMPANY, ALLEGING VESSEL NEGLIGENCE UNDER 33 U.S.C.S. § 905(B) DID NOT TRIGGER 33 U.S.C.S. § 905(C) BECAUSE THE INDEMNITY AGREEME
- WHERE A TOWING COMPANY SOUGHT TO LIMIT ITS LIABILITY FROM A BOATING COLLISION PURSUANT TO 46 U.S.C.S. § 30505, THE DISTRICT COURT DID NOT ABUSE ITS DISCRETION IN LIFTING A STAY OF THE CLAIMANTS' STATE COURT ACTIONS BECAUSE THE CLAIMANTS' STIPULATIONS ADE
- TRIAL COURT IMPROPERLY FOUND AS A MATTER OF LAW THAT A MARITIME SERVICES CONTRACT EXISTED BETWEEN AN EMPLOYER AND A YACHT CLUB BECAUSE NO SHOWING WAS MADE THAT THE WATERFRONT IMPROVEMENT CONTRACT BORE ANY RELATION TO MARITIME COMMERCE OR TO A SHIP, NAVIGA
- MAGISTRATE CORRECTLY APPLIED SUMMARY JUDGMENT STANDARD WITH THE ADDITIONAL FLEXIBILITY AFFORDED BY EXERCISING ADMIRALTY JURISDICTION AND GRANTED, IN PART, AN INJURED SEAMAN'S MOTION TO COMPEL THE TOWING COMPANIES TO ADJUST THE PAYMENT OF MAINTENANCE TO IN
- THE ELEVENTH CIRCUIT AFFIRMED ITS' PRIOR RULING IN HINES, WHICH PERMITS A SEAMAN TO RECOVER PUNITIVE DAMAGES WHEN AN EMPLOYER ARBITRARILY AND WILLFULLY REFUSES TO PAY MAINTENANCE AND CURE.
- OIA may get beefed-up security
- Four hurt in boating accident
- Coast Guard: Drunk Man Jumps Off Cruise Ship
- Boater 101 could save lives
- Authorities promise crackdown on personal watercraft in Palm Beach County
- One dead in Carrabelle boating mishap
- FWC publishes boating accident stats
- Charles R. Lipcon Receives Award
- THE WORKERS' COMPENSATION REVIEW BOARD ERRED BY AFFIRMING THE DISMISSAL OF A HARBOR WORKER'S CLAIM FOR BENEFITS UNDER THE WORKERS' COMPENSATION ACT, CONN. GEN. STAT. § 31-275 ET SEQ., AS THE STATE HAD CONCURRENT JURISDICTION WITH THE FEDERAL GOVERNMENT U
- MARINE TRANSPORTATION COMPANY WAS PROPERLY GRANTED SUMMARY JUDGMENT IN AN ACTION FOR INJURIES UNDER JONES ACT AND LHWCA BECAUSE CLAIMANT WAS NOT A JONES ACT SEAMAN AND WAS INDEPENDENT CONTRACTOR FOR "ONE-SHOT" JOB AT TIME OF INJURY. COMPANY WAS NOT LIABLE
- DISTRICT COURT ERRED IN FINDING THAT PLAINTIFF'S CONTAINER SHIP WAS THE SOLE CAUSE OF THE COLLISION IN THE ENGLISH CHANNEL; ALL THREE VESSELS COMMITTED VIOLATIONS OF THE CONVENTION ON THE INT'L REG. FOR PREVENTING COLLISION AT SEA, OCT. 20, 1972, 28 U.S.T
- BECAUSE THE SEAMAN CHOSE TO MAKE A DELIVERY ALONE AT NIGHT, THEN KEPT WATCH OVERNIGHT AFTER RUNNING INTO A SAND BAR, AND NOTHING SHOWED THE EMPLOYER REQUESTED OR KNEW OF THE NIGHT RUN OR THE SAND BAR INCIDENT, THERE WAS NO VIOLATION OF 46 U.S.C.S. § 8104
- BECAUSE THE SURVIVING SPOUSES' DOHSA CLAIMS WERE MARITIME CLAIMS, POST JUDGMENT INTEREST ON THEIR JUDGMENTS WAS TO BE CALCULATED PURSUANT TO FEDERAL LAW UNDER 28 U.S.C.S. § 1961; THEREFORE, THE TRIAL COURT PROPERLY APPLIED THE FEDERAL POST JUDGMENT INTER
- ALTHOUGH APPELLEE AGREED THAT, AS ROUSTABOUT, GENERAL DUTIES INCLUDED LIFTING, AND APPELLANT PRESENTED CONFLICTING EVIDENCE ON ISSUES OF WEIGHT AND CONFIGURATION OF LOAD AND REASONABLENESS AND SCOPE OF SUPERVISOR'S INSTRUCTION TO LIFT IT, APPELLEE PRESENT
- IN MAINTENANCE AND CURE SUIT, SHIPOWNERS' LIABILITY CONVENTION OF 1936 DID NOT PROHIBIT DISTRICT COURT FROM ENFORCING CLAUSE DESIGNATING HONDURAS AS FORUM FOR DISPUTES BETWEEN SEAMAN AND EMPLOYER, BUT DISTRICT COURT HAD TO CONSIDER WHETHER ENFORCEMENT OF
- Differing accounts delay Picton Castle probe
- Shaken by deaths in their ranks, pilots scrutinize their practices and equipment
- Ship Aground Off Greenland, 54 Evacuated
- Shanghai ship collision injures 23 tourists
- Kin ‘in shock’ after son dies in fall aboard cruise ship
- Report into fatal cruise accident
- Six injured after bus hits cruise ship passengers at Port Everglades
- DISMISSAL OF MARITIME NEGLIGENCE ACTION WAS AFFIRMED BECAUSE THE NATIONAL OCEANIC AND ATMOSPHERIC ASSOCIATION CHART FOR THE BAY CLEARLY NOTED THE LOCATION OF THE POWER LINES AND THEIR CLEARANCE OF 30 FEET ABOVE THE CONFLUENCE OF THE BAY AND LAGOON, AND TH
- SUMMARY JUDGMENT AGAINST THE WAGE CLAIMANTS' CLAIM FOR DOUBLE WAGES UNDER 46 U.S.C.S. � 10313(G) WAS AFFIRMED. RECORD WAS DEVOID OF EVIDENCE THAT EVEN A SINGLE WAGE CLAIMANT MET STATUTORY REQUIREMENTS FOR DOUBLE WAGES. EACH OF THE WAGE CLAIMANTS' AFFIDA
- BECAUSE PETITIONER DID NOT DISPUTE THAT HIS WORK CONTRIBUTED TO THE FUNCTION OF A VESSEL, THE COURT MOVED TO THE SECOND PART OF THE TEST. GIVEN THE ABSENCE OF SUBSTANTIAL EVIDENCE SHOWING THAT PETITIONER'S JOB FUNDAMENTALLY CHANGED IN THE MONTHS DIRECTLY
- WRONGFUL DEATH SUIT BY NON-DEPENDENT PARENTS OF DECEASED LONGSHOREMAN, WHICH SOUGHT DAMAGES FOR LOSS OF SOCIETY, WAS PROPERLY DISMISSED BECAUSE NONPECUNIARY DAMAGES WERE AVAILABLE ONLY TO DEPENDENT SURVIVING PARENTS; THE DECEDENT'S EMPLOYER WAS GRANTED SU
- A TRIAL COURT ABUSED ITS DISCRETION BY CERTIFYING A PUTATIVE CLASS OF BIDDERS IN A FRAUD SUIT AGAINST CRUISE SHIP ART AUCTIONEERS BECAUSE ADMIRALTY JURISDICTION APPLIED AND COMMON QUESTIONS OF LAW DID NOT PREDOMINATE OVER INDIVIDUAL QUESTIONS OF LAW SINCE
- DISTRICT COURT'S DISMISSAL OF THE CASE FOR LACK OF SUBJECT MATTER JURISDICTION WAS REVERSED BECAUSE THE RELEVANT ACTIVITY GIVING RISE TO THE ASSAULT OF THE SEAMAN BY THE EMPLOYER WAS THE FAILURE TO PAY WAGES FOR MARITIME SERVICES PERFORMED ABOARD A COMMER
- A FEDERAL DISTRICT COURT PROPERLY DISMISSED A CRUISE SHIP STATEROOM ATTENDANT'S SUIT FOR UNPAID WAGES UNDER THE SEAMAN'S WAGE ACT BECAUSE THE CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS REQUIRED MANDATORY ARBITRATION OF THE CL
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- Thirteen injured as wave pounds ship in France
- 1 killed in Greek cruise ship accident
- Cruise Ship Runs Aground Off Alaska
- Cruise crime victims seek industry help
- Sea Diamond black box heading for US
- DEFENDANT SHIP'S PHYSICIAN DISMISSED FOR LACK OF PERSONAL JURISDICTION BECAUSE THE ALLEGED MEDICAL MALPRACTICE DID NOT OCCUR WITHIN THE TERRITORIAL WATERS OF FLORIDA; THE FORUM SELECTION CLAUSE DID NOT APPLY TO THE PLAINTIFF'S CLAIMS; AND THE ALLEGED ACTS
- DENIAL OF MOTION FOR SUMMARY JUDGMENT THAT PLAINTIFF WAS NOT A SEAMAN BECAUSE SEAMAN STATUS IS A QUESTION OF FACT TO BE DECIDED DURING THE TRIAL; GRANT OF MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST PLAINTIFF'S CLAIMS FOR NON PECUNIARY DAMAGES BECAUSE THE
- THE TRIAL COURT'S GRANT OF SUMMARY JUDGMENT TO THE MARINA WAS REVERSED BECAUSE THE LEASE'S LIMITATION OF LIABILITY PROVISION DID NOT CLEARLY AND UNEQUIVOCALLY DISCLAIM THE MARINA'S LIABILITY FOR DAMAGE CAUSED BY ITS OWN NEGLIGENCE AND THE MARINA DID NOT P
- PLAINTIFF, EMPLOYED AS ROUSTABOUT, DID NOT POINT TO EVIDENCE SUPPORTING FINDING DUTY TO INTERVENE UNDER 33 U.S.C.S. � 905(B); OBSTRUCTED WALKWAY WAS WHOLLY CREATED BY PERSONNEL OF PLAINTIFF'S EMPLOYER, WAS WITHIN ROUSTABOUTS' WORK AREA AND OPEN AND OBVI
- IN A CONSOLIDATED APPEAL OF TWO CASES BROUGHT UNDER THE JONES ACT, THE APPEAL AS TO ONE EMPLOYEE WAS DISMISSED BECAUSE THE COURT LACKED JURISDICTION; IN THE OTHER CASE, THE DISTRICT COURT'S ENTRY OF SUMMARY JUDGMENT IN FAVOR OF A DRILLING COMPANY WAS AFFI
- WHERE EMPLOYER SOUGHT TO CREDIT A SETTLEMENT COVERING EMPLOYEE'S AND WIFE'S STATE LAW CLAIMS FOR DISABILITY AND DEATH BENEFITS AGAINST WIFE'S AWARD OF DEATH BENEFITS UNDER LHWCA, 33 U.S.C.S. � 903(E) LIMITED THE CREDIT TO SETTLEMENT FUNDS DIRECTED TOWAR
- DISTRICT COURT DID NOT CLEARLY ERR IN FINDING THAT OWNER'S TWO BARGES BROKE LOOSE AND DAMAGED SHORE SIDE RESTAURANT, AS TWO WITNESSES TESTIFIED THAT THEY SAW BARGES FLOATING BY AND LATER SAW THEM IN FRONT OF RESTAURANT, AND ACT OF GOD DEFENSE WAS INAPPLIC
- Cruise SOS - Dangers at Sea
- Temecula couple doesn't let ship sinking deter them from vacation, cruises
- Sea Diamond captain testifies
- Lessons from a sinking ship
- Cruise ship fire report released
- Cruise Ship Sinking Blamed on Human Error
- Greek cruise ship's personnel face negligence charges over sinking
- Miami Students Aboard Greek Cruise Ship That Sank
- 13-year-old girl hospitalized in Miami after 5-story fall on cruise ship
- Who do they think they are kidding?
- Filipino sailor killed, 4 injured in Greek cruiser accident
- Senators back ocean rangers
- Cruise Ship caught in a Cyclone
- Cruise Ship Diver a Cadet
- APPLYING ERIE PRINCIPLES TO CASE THAT WAS REMOVED UNDER 28 U.S.C.S. § 1441(B), COURT HELD THAT PREJUDGMENT INTEREST, WHICH WAS A SUBSTANTIVE ISSUE, WAS GOVERNED BY STATE LAW; THERE WAS NO FEDERAL PREEMPTION AS NO ACT OF CONGRESS PROHIBITED RECOVERY FOR E
- IN A CASE BROUGHT UNDER § 905(B) OF THE LHWCA, IN THE VESSEL OWNERS SOUGHT SUMMARY JUDGMENT, ARGUING THAT THE WORKER WAS UNABLE TO PROVE THAT THEY OWED A LEGAL DUTY TO PROTECT HIM FROM THE INJURY HE ALLEGEDLY SUFFERED, THAT MOTION WAS DENIED BECAUSE THER
- BECAUSE OF TRIABLE ISSUES REGARDING WHETHER A HUSBAND WAS A DE FACTO OWNER OF A BOAT UNDER NAVIGATION LAW § 48 AND WHETHER A REPAIRMAN HAD BEEN PROPERLY INFORMED OF THE BOAT'S ALLEGED MISALIGNMENT PROBLEMS, THE TRIAL COURT ERRED IN GRANTING THE OWNERS' M
- DISTRICT COURT PROPERLY ENTERED JUDGMENT FOR FIRED TOW-BOAT OPERATOR ON HIS 46 U.S.C.S. § 2114(A)(1)(B) WRONGFUL TERMINATION CLAIM. EVIDENCE SHOWED THAT EMPLOYER HAD IMPLICITLY ORDERED OPERATOR TO PERFORM DUTIES THAT OPERATOR BELIEVED WERE UNSAFE. SECTIO
- IN A NEGLIGENCE ACTION ARISING OUT OF A MOTOR VEHICLE COLLISION IN WHICH A CREW MEMBER WAS INJURED, THE NONRESIDENT OWNER AND MANAGERS OF A VESSEL WERE NOT SUBJECT TO PERSONAL JURISDICTION BECAUSE THE VESSEL'S CALLS TO PORTS IN TEXAS WERE INSUFFICIENT TO
- JUDGMENT FINDING BOATER NEGLIGENT BASED ON FAILURE TO PASS FROM PORT TO PORT IN VIOLATION OF CONNECTICUT LAW WAS AFFIRMED ON OTHER GROUNDS, ALTHOUGH IT WAS ERROR TO BASE NEGLIGENCE FINDING ON FAILURE SINCE COMPLAINT DID NOT MENTION THE CONNECTICUT LAW, OR
- SUMMARY JUDGMENT WAS REVERSED AND REMANDED BECAUSE IT WAS NOT CLEAR THAT THE CHARTER AGREEMENT EXPRESSED IN CLEAR AND UNEQUIVOCAL TERMS THAT THE BOAT OWNER AND BOAT COMPANY WERE ENTITLED TO INDEMNIFICATION FOR UNSEAWORTHINESS CLAIMS SINCE A STATEMENT TO T
- PLAINTIFF'S CLAIM, SEEKING DAMAGES FOR INJURIES SUSTAINED DURING SHOOTING UNDER NEGLIGENCE THEORY FOR EMPLOYEE'S ASSAULT, FAILED UNDER GENERAL MARITIME LAW. ASSUMING THAT DEFENDANTS OWED PLAINTIFF DUTY OF REASONABLE CARE, THERE WAS NO EVIDENCE THAT DEFEND
- ALTHOUGH LAUNCH OPERATORS' DUTIES OF SHUTTLING PILOTS TO BOATS AND MONITORING RADIO CONSTITUTED SEAMEN'S WORK UNDER FSLA, MANY OF THEIR HANDYMAN DUTIES DID NOT. BECAUSE EVIDENCE WAS CONFLICTING AS TO HOW MUCH TIME OPERATORS SPENT ON EACH DUTY, SUMMARY JUD
- Bomb Hoax Forces Cruise Ship Evacuation
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- Wading in Murky Waters
- Congressional Hearing Requested by Congresswoman Matsui Exposes Cruise Industry’s Lax Responses to Crimes Committed Onboard its Ships
- Cruise ship crime 'low priority'
- Congress Revisits Cruise Crimes - Lawmakers want to know whether the industry accurately reports statistics
- Man who Plunged off Cruise Ship Found Alive in Waters off Fort Lauderdale
- Cruise Passenger Overboard - Ship Fails to Rescue Him
- Because Vessel Was "Thrill Ride" Vessel Available For Customers Who Willingly Went For A Ride, Boat Trip On Which Passenger Was Injured Did Not Involve "Transporting Passengers," And 46 U.S.C.S. App. § 183c(A) Did Not Apply. In Passenger's Negligence Act
- While Evidence Was Sufficient To Find An Employer Liable For Negligence Under The Jones Act, A New Trial On Damages Was Ordered Because The Expert Report On Which It Was Based Lacked A Proper Foundation Under The Federal Rules Of Evidence In That The Expe
- A District Court Was Allowed To Dispose Of A Foreign Company's Negligent Misrepresentation Action By A Forum Non Conveniens Dismissal, Bypassing Questions Of Subject-Matter And Personal Jurisdiction, As Considerations Of Convenience, Fairness, And Judicia
- Summary Judgment For An Employer Was Reversed As To A Negligent Aggravation Claim As An Employer Could Be Liable Even If It Was Not Aware That Its Conduct Was Causing Or Contributing To The Employee's Injury. Moreover, The Employer Knew That Its Conduct W
- Charterer's Motion Under Supp. R. Certain Adm. & Mar. Cl. E(4)(F) For An Order Vacating A Maritime Attachment Was Granted As Owner Had Not Carried Its Burden Of Showing That At The Time Of The Attachment It Had A Valid Maritime Claim Against Charterer Bec
- The Entry Of Summary Judgment In Favor Of Seaman In A Negligence Case Brought Under The Jones Act Was Affirmed Because Even If The District Court Erred In Designating The Litigation As An Admiralty Or Maritime Claim And Striking The Jury Demand, A New Tri
- Claim Brought By A Former Employee, A Tugboat Deckhand, Against An Employer Under The Illinois Whistleblower Act Was Preempted By 46 U.S.C.S. § 2114 Based On Uniformity Concerns; A Common Law Retaliatory Discharge Claim Was Not Preempted By § 2114 But W
- Carnival CEO says Cruise Industry Facing Obstacles
- American cruise passenger, 70, snaps mugger's neck in Costa Rica
- Port Elizabeth Woman Tells of Rape Ordeal on Luxury Liner
- PE woman tells of rape ordeal on luxury liner
- Are Cruises Liable for Doctors?
- Court Rules Cruise Line not Responsible for Misdiagnosis by Ship's Doctor
- Cruise Ship Crash Triggers Fears of Death
- IN A CASE WHERE AN INJURED PARTY SUFFERED A FALL DURING A TRANSPORT FROM A VESSEL TO A FIXED PLATFORM, THE OUTER CONTINENTAL SHELF LANDS ACT, 43 U.S.C.S. § 1331, DID NOT APPLY WHERE THE EVIDENCE SHOWED THAT THE INJURED PARTY NEVER MADE IT TO THE PLATFORM
- SECTION 29 U.S.C.S. § 213(B) OF THE FAIR LABOR STANDARDS ACT OF 1938 (FLSA) APPLIED TO A PUTATIVE CLASS OF FOREIGN SEAMEN WORKING ON A FOREIGN-FLAG VESSEL OPERATING IN THE GULF OF MEXICO; A GENUINE ISSUE OF FACT EXISTED AS TO WHETHER THE VESSEL WAS OWNED
- AN INDEMNIFICATION CLAIM THAT A CARRIER FILED AGAINST A STEVEDORE WITHIN THE THREE-YEAR LIMITATIONS PERIOD SET FOR IN A STEVEDORING CONTRACT BETWEEN THE CARRIER AND THE STEVEDORE WAS TIMELY BECAUSE A ONE-YEAR LIMITATIONS PERIOD THAT WAS SET FORTH IN A BIL
- A SHIP CHARTERER'S MOTION TO VACATE A MARITIME ATTACHMENT ORDER WAS GRANTED. PLAINTIFF'S INDEMNITY CLAIM AGAINST CHARTERER WAS NOT RIPE BECAUSE IT HAD NOT YET BEEN ORDERED TO PAY DAMAGES TO VESSEL OWNER. PLAINTIFF DID NOT HAVE VALID PRIMA FACIE ADMIRALTY
- UNDER RHODE ISLAND STATE LAW, WHICH APPLIED A THREE-YEAR PERIOD FOR WAGE CLAIMS, CLAIMS FOR STATUTORY DAMAGES UNDER 46 U.S.C.S. § 11107 ON THE GROUNDS THAT THE OWNERS FAILED TO PROVIDE THEM WITH WRITTEN WAGE AGREEMENTS, AS REQUIRED BY 46 U.S.C.S. § 1060
- IN A JONES ACT CASE, AN EMPLOYEE WAS A SEAMAN WHILE THE DREDGE TO WHICH HE HAD BEEN ASSIGNED WAS UNDERGOING REPAIRS BECAUSE HIS BASIC ASSIGNMENT DID NOT CHANGE WHEN HE WORKED AT THE REPAIR FACILITY; HE CONTRIBUTED TO THE FUNCTION OF THE DREDGE BY REPAIRIN
- SUMMARY JUDGMENT FOR EMPLOYER/VESSEL OWNER WAS IMPROPER IN PERSONAL INJURY ACTION BECAUSE EMPLOYEE RAISED GENUINE ISSUE AS TO STATUS AS "SEAMAN" UNDER JONES ACT; EMPLOYEE ALSO RAISED GENUINE ISSUE WITH RESPECT TO CHARACTERIZATION OF RAMP AND EXERCISE OF T
- FLORIDA SUPREME COURT FOUND THAT IT WAS REQUIRED TO ADHERE TO THE FEDERAL PRINCIPLES OF HARMONY AND UNIFORMITY WHEN APPLYING FEDERAL MARITIME LAW, AND, THUS, THAT IT WAS REQUIRED TO RULE IN A CASE CERTIFIED TO IT OF GREAT PUBLIC IMPORTANCE THAT THE SHIP O
- Cruise ships' crime reporting examined
- The Survivors Of A Man Killed While Working On A Barge In Ocean Waters Were Entitled To Benefits Under The LHWCA But Not To Exemplary Damages Under The Texas Workers' Compensation Act; The Texas Act Prohibited Benefits To Workers Covered By The LHWCA, And
- Court Erred In Finding Ship Repair Companies And Dock Board Liable For Deaths Of Two Individuals Allegedly Caused By Occupational Exposure To Asbestos From Their Work On Wharves In New Orleans; Inter Alia, Board Did Not Owe Them A Duty To Provide Them Wit
- The Federal Longshore And Harbor Workers' Compensation Act, 33 U.S.C.S. §§ 901-950, Preempted A State Negligence Claim For Damages By A Longshoreman Against A Co-Employee For An Injury That Occurred Where There Was Concurrent State And Federal Jurisdict
- Evidentiary Hearing Was Necessary To Determine Whether Husband And Wife's Malpractice Suit Against Cruise Line And Australian Doctor Should Be Dismissed For Lack Of Personal Jurisdiction Over Doctor Where Wife Averred That Doctor Treated Husband While Shi
- Stay Of Employer's Federal Breach of Contract Suit against Employee Who Had Filed Negligence Suit in State Court Was Not Warranted
- A District Court Erred In Refusing To Consider Affidavits Offered By A Ship Company After Depositions Were Taken When The Affidavits Provided A More Complete Explanation Of A Crewmember's Duties And The Affidavits Were Not Contradictory To The Deposition
- In Jones Act Claim, 46 U.S.C.S. § 688, Based On Photographs And Expert's Testimony That Employer Failed To Comply With Its Own Safety Policy To Minimize Any Fall Hazard And Could Have Done So By Installing Handrail On Vessel's Platform, Jury Could Have C
- IN A FELA CASE ARISING FROM A RAILROAD EMPLOYEE'S ACCIDENT, MISSOURI STATE COURTS ERRONEOUSLY APPLIED DIFFERENT STANDARDS OF CAUSATION TO DETERMINE THE RAILROAD'S NEGLIGENCE UNDER 45 U.S.C.S. § 51 AND THE EMPLOYEE'S CONTRIBUTORY NEGLIGENCE UNDER 45 U.S.C
- IN A WRONGFUL DEATH CASE, AS A CRUISE LINE PROPERLY ASSERTED THE DEFENSE OF IMPROPER VENUE UNDER FLA. R. CIV. P. 1.140(B), IT DID NOT WAIVE ITS RIGHT TO ENFORCE A FORUM SELECTION CLAUSE IN ITS TICKET CONTRACT WITH DECEDENT BY SERVING ONE SET OF INTERROGAT
- PURSUANT TO IOWA LAW, SEVERAL CLAIMANTS WERE NOT ENTITLED TO RECEIVE WORKERS' COMPENSATION BENEFITS FOR WORK-RELATED INJURIES SUFFERED ON A RIVERBOAT CASINO BECAUSE THEY WERE SUBJECT TO COMPENSATION UNDER 46 U.S.C.S. § 688A SINCE THEY WERE SEAMEN, AND TH
- PASSENGER'S CLAIM THAT CRUISE LINE FAILED TO TREAT HER MEDICALLY BY DENYING HER REQUEST FOR WHEELCHAIR AFTER SHE FELL DOWN WAS DISMISSED UNDER FED. R. CIV. P. 12(B)(6); CRUISE LINE HAD NO DUTY TO PROVIDE PASSENGER WITH MEDICAL TREATMENT, AND CRUISE LINE C
- THERE WAS GENUINE FACT ISSUE AS TO EMPLOYEE'S SEAMAN STATUS TO WITHSTAND SUMMARY JUDGMENT ON CLAIM UNDER 46 U.S.C.S. APP. § 688(A) (CURRENT VERSION AT 46 U.S.C.S. § 30104(A)). THERE WAS FACT ISSUE AS TO WHETHER HIS ESSENTIAL DUTIES IN SEATTLE DURING WIN
- THE COURT HELD THAT THE APPLICATION OF TEXAS LAW TO A SEAMAN'S JONES ACT CLAIMS INTERFERED WITH OR RESTRICTED HIS REMEDIES UNDER THE ACT, AND THEREFORE THE STATE LAW WAS PREEMPTED, WHETHER IT WAS SUBSTANTIVE OR PROCEDURAL; THUS THE COURT DECLINED TO ISSUE
- A MOBILE OFFSHORE DRILLING UNIT EMPLOYEE'S PERSONAL INJURY CLAIM UNDER THE JONES ACT WAS PROPERLY DISMISSED UPON SUMMARY JUDGMENT BECAUSE THE EMPLOYEE, AT THE TIME OF HIS INJURY, WAS NOT A SEAMAN FOR PURPOSES OF THE JONES ACT BECAUSE THE DRILLING UNIT WAS
- SEAMAN'S JONES ACT AND UNSEAWORTHINESS CLAIMS WERE TIME BARRED BECAUSE THE SEAMAN DID NOT EXERCISE DUE DILIGENCE IN PURSUING HIS CLAIMS AND EQUITABLE ESTOPPEL DID NOT APPLY BECAUSE HE DID NOT REASONABLY RELY ON A DISPUTED PARAGRAPH IN HIS TERMS OF EMPLOYM
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- Where A Husband And Wife Sued A Cruise Line, Its Fed. R. Civ. P. 56 Partial Summary Judgment Motion Was Granted Because The Characteristics Of The Parties' Tickets Were Such That Terms And Conditions Were Conspicuous, They Were On Notice That A Limitation
- Trial Court Erred In Granting Summary Judgment In The Employee's Favor In His Negligence Suit Against His Employer Under The Jones Act, 46 U.S.C.S. App. � 688(A), And General Maritime Law As The Employer Was Entitled To Offset Disability Benefits It Had
- A Seaman Who Fraudulently Concealed Preexisting Back And Mental Health Problems On His Application To Work As A Deckhand On An Oceangoing Tug Was Properly Denied Maintenance And Cure Benefits Under The Mccorpen Rule But Properly Awarded Damages For Medica
- Cruise Line's Summary Judgment Motion Should Have Been Granted In Passenger's Claim Based On Assault Which Occurred 10 Minutes After Passenger Disembarked After A Four-Hour Cruise. Assault Did Not Occur On Navigable Water, And Was Not Caused By A Vessel O
- District Court Granted Summary Judgment To Cruise Line In Passenger Vessel Act Suit To Recover Damages For Personal Injuries Passenger Sustained After Being Bitten By Snake On Shore Excursion; Even If Exculpatory Clause Did Not Apply, Passenger Failed To
- Boat Seller And A Contractor Were Not Entitled To Fed. R. Civ. P. 12(B)(6) Dismissal Of Yacht Owners' Suit For Injuries Allegedly Sustained From The Improper Installation Of A Davit On Their Yacht. The Suit Was Timely Filed Under The Maritime Limitations
- In Accordance With 28 U.S.C.S. � 1333, Estate Administrators' Sea-Based Asbestos Claim Was To Be Tried Under Admiralty Jurisdiction, Applying Federal Maritime Law While Their Land-Based Claim Was To Be Tried Under Montana Law. All Claims Were To Be Trie
- District Court Erred By Granting Summary Judgment For Corporation On Seaman's Claim For Maintenance And Cure When He Presented Sufficient Evidence From Which A Reasonable Jury Could Find That He Injured His Knee During His Shift As Fire Watch Aboard Vesse
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- An Injunction Was Vacated As The District Court Abused Its Discretion In Refusing To Dissolve An Injunction It Had Issued Under The Limitation Of Liability Act; The District Court Rested Its Decision On An Error Of Law That Since The Saving To Suitors Cla
- Court Refused To Enforce Choice Of Forum Clause In Employment Contract Between American Seaman And American Employer In The Seaman's Jones Act Claim Because The Factors Under 28 U.S.C.S. § 1404(A) Weighed Slightly In Favor Of Seaman's Choice Of Forum In
- Cruise Line's Petition For A Writ Of Prohibition Was Granted Because A Florida Court Was Without Authority To Reinstate A Passenger's Action After A Federal Court Dismissed The Action Due To The Passenger Having Failed To File Her Personal Injury Action I
- Court Had Jurisdiction To Consider Claims Of Seaman, Who Was Citizen Of Republic Of Honduras, For Relief Under Laws Of Honduras, Mexico, Or International Maritime Law. The Plain Language Of The Jones Act Denied Remedy Under Jones Act And Us Maritime Laws
- A Tanker's Owner And Operator Were Not Entitled To Summary Judgment On A Claim For Negligence Under The Jones Act Because There Were Genuine Issues Of Fact As To Whether The Duty To Provide A Reasonably Safe Workplace Required Installation Of Lights Insid
- Under The Limitation Of Liability Act, A Cruise Ship Line Is Exonerated From Liability For Injuries Incurred By Minors Who Rented A Jet Ski For A Guided Tour Of An Ocean Bay; The Minors Were Reasonably Warned Of The Jet Ski's 300-Foot Braking Distance By
- Passenger's Claims Against Cruise Line Corporation Were Barred Because He Had Signed Release That Discharged Corporation From Liability In Connection With Use Of Jet Ski, But Passenger's Son Was Not Bound By Release Because He Was A Minor. Son's Unseawort
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- A BREACH OF CONTRACT CLAIM INVOLVING PLACEMENT OF VESSELS, IN WHICH THE BROKER CLAIMED A BROKERAGE FEE DID NOT “AFFECT MARITIME COMMERCE” AND THEREFORE WAS NOT SUBJECT TO ADMIRALTY JURISDICTION.
- HEARING REQUIRED TO DETERMINE WHETHER ARBITRATION AGREEMENT WAS ENFORCEABLE.
- SUMMARY JUDGMENT AFFIRMED WHERE SHIP OWNER HAD NO DUTY TO SUPERVISE THE STEVEDORE OPERATIONS AND TERMINAL OPERATOR DID NOT BREACH ANY DUTY OF CARE.
- ARBITRATION AGREEMENT NOT ENFORCED BECAUSE THE CLAUSE WAS NOT INCORPORATED INTO THE PLAINTIFF’S EMPLOYMENT CONTRACT.
- PLAINTIFF OWN NEGLIGENCE DID NOT CREATE BASIS FOR SUMMARY JUDGMENT.
- A RIVERBOAT CASINO CAN BE CONSIDERED A “VESSEL IN NAVIGATION” EVEN THOUGH IT’S PRIMARILY NOT MOVING.
- SHIP COMPANY HAD NO DUTY UNDER TEXAS LAW TO MAKE THE SHIP’S DOCTOR AND NURSE AVAILABLE FOR DEPOSITION BECAUSE THEY WERE NOT EMPLOYEES.
- $3.3 MILLION JURY AWARD DIDN’T JUSTIFY PARSIMONIOUSNESS CLAIM.
- PLAINTIFF EMPLOYEE SATISFIED THE “FEATHERWEIGHT” BURDEN OF PROOF OF CAUSATION UNDER THE JONES ACT AND THE FEDERAL EMPLOYERS’ LIABILITY ACT.
- EMPLOYEE WAS NOT CONTRIBUTORILY NEGLIGENT FOR NOT LETTING GO OF HEAVING LINE WHEN IT STARTED TO PULL HIM BECAUSE HE WAS GIVEN A SPECIFIC ORDER TO NOT LET GO OF THE LINE.
- CLAIMANTS AMENDED STIPULATIONS RESOLVED THE TENSION BETWEEN THE LIMITATION OF LIABILITY ACT AND THE SAVING TO SUITORS CLAUSE ALLOWING THE STATE COURT ACTION TO PROCEED.
- DEFENDANT COMPANY HAD TO INDEMNIFY CODEFENDANT LLC FOR 50% OF ITS SETTLEMENT COSTS BASED ON CONTRACTUAL AGREEMENT.
- DISTRICT COURT DECLINED TO DEPART FROM THE WELL ESTABLISHED RULE THAT A WARRANTY OF SEAWORTHINESS EXTENDED TO MARITIME WORKERS WHO OBTAINED “SEAMAN” STATUS UNDER THE JONES ACT.
- DISTRICT COURT ORDER VACATED WHEN IT CONCLUDED THAT THE EMPLOYER’S FAILURE TO COMPLY WITH THE U.S. COAST GUARD REGULATIONS DID NOT ESTABLISH NEGLIGENCE PER SE LIABILITY UNDER THE JONES ACT.
- PLAINTIFF EMPLOYEE’S EXPERT OPINION RE HIS FUTURE SALARY WAS SUPPORTED BY THE RECORD AND NOTHING PREVENTED THE DEFENDANT EMPLOYER FROM PRESENTING PROOF OF FACTORS THAT THE JURY COULD HAVE CONSIDERED IN REDUCING AN AWARD OF LOST FUTURE INCOME.
- APPELLATE COURTS DO NOT HAVE CERTIORARI JURISDICTION TO REVIEW A DECISION OF A TRIAL JUDGE GRANTING LEAVE TO AMEND A COMPLAINT TO INCLUDE A CLAIM FOR PUNITIVE DAMAGES WHEN THE TRIAL JUDGE HAS FOLLOWED THE PROCEDURAL REQUIREMENTS OF § 768.72.
- A LIFEBOAT, ALTHOUGH NOT UNDER SAIL, WAS A VESSEL ON NAVIGABLE WATERS AND FAILING TO PROVIDE A SAFE WORKPLACE ABOARD A VESSEL WAS A MARITIME TORT FOR STATUTE OF LIMITATIONS PURPOSES.
- PLAINTIFF’S COMPLAINT AGAINST A CRUISE LINE WAS TIME BARRED BECAUSE PLAINTIFF WAITED MORE THAN A YEAR TO FILE SUIT UPON REACHING THE AGE OF MAJORITY EVEN THOUGH THREE YEARS HAD NOT PASSED FROM THE TIME OF THE ACCIDENT.
- EVIDENTIARY HEARING REQUIRED BEFORE DECIDING JONES ACT NEGLIGENCE CLAIM TO DETERMINE WHETHER THE NEGLIGENT CONDITION WAS EITHER CREATED BY THE EMPLOYER OR THAT IT EXISTED AT A TIME WHEN THE EMPLOYER SHOULD HAVE BEEN ABLE TO DISCOVER THE CONDITION THROUGH
- SUMMARY JUDGMENT GRANTED IN FAVOR OF CRUISE SHIP BECAUSE THERE WAS NO EVIDENCE THAT THE CRUISE SHIP KNEW OR SHOULD HAVE KNOWN OF THE ALLEGED UNSAFE WORKING CONDITION.
- A LIMITATION OF LIABILITY ACTION MUST BE FILED WITHIN SIX MONTHS OF RECEIVING ADEQUATE NOTICE, OTHERWISE IT IS UNTIMELY.
- GOOD CAUSE MUST BE SHOWN IN ORDER TO DEPART FROM THE ORDINARY DISCOVERY SEQUENCE.
- THE QUESTION AS TO WHETHER A PLAINTIFF WAS EXPOSED TO THE PERILS OF THE SEA WHILE WORKING ON A BARGE AND QUALIFIED AS A SEAMAN UNDER THE JONES ACT WAS A JURY ISSUE.
- FLAWED JURY INSTRUCTIONS REGARDING A SUBSTANTIVE ELEMENT OF THE SHIP’S DUTY TO LONGSHOREMAN LEAD TO NEW TRIAL.
- DISTRICT COURT TOO READILY ADOPTED THE SHIP OWNER’S THEORY OF THE CASE WITHOUT PROPERLY DRAWING REASONABLE INFERENCES FROM THE EVIDENCE PRESENTED IN FAVOR OF THE PLAINTIFF LONGSHOREMAN.
- A VESSEL IS SATISFACTORY FOR JONES ACT PURPOSES IF IT IS PRACTICALLY CAPABLE OF MARITIME TRANSPORTATION EVEN THOUGH IT WAS NOT INTENDED TO TRANSPORT.
- WHEN BOTH PARTIES VIOLATED FED RULE 26, NO LATE DISCLOSED EXPERTS WERE ALLOWED TO PROVIDE TESTIMONY IN THE ACTION, BUT THE COURT HAS SUBSTANTIAL DISCRETION TO PERMIT UNTIMELY DISCLOSURES AND TO TAKE MEASURES TO CURE THE PREJUDICE THAT ACCOMPANIES THEM
- Cruise Ship Fire Hazard Update
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- Our Cruise Ship Sexual Assault Client in the News Again
- Our Client, a Cruise Crime Victim Speaks Out
- Letter from Governor Manchin on Cruise Ship Crimes
- Letter from Congressman Mollohan on Cruise Ship Crime
- Cruise Ship Tax Bill Passes in Alaska
- Australia Takes Steps with Respect to Excessive Drinking on Cruises
- Princess Cruise Accident due to Human Error
- Dozens Injured on Crown Princess Cruise
- The Big Idea With Donny Deutsch - Charles Lipcon and Woman missing from Cruise Ship
- Deadly Waters - Charles Lipcon
- The Early Show - Drinking on Cruise Lines
- Inside Edition - Drinking on Cruise Lines
- Fox 11 Ten O'Clock News - Maritime attorney Charles Lipcon interviewed regarding death on Carnival Ship
- Envivo Directo - Richard Alsina-Cruise Ships (In Spanish)
- Lawyers turn cruise lawsuits into industry
- Carnival Cruise Lines President calls disappearance of honeymooner George Smith a "non-event"!
- Cruise Ships Looking to Save Money by Having Their Ships Go Slower
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- Cruise Safety Article in the Miami Herald
- Cruise Ship Safety Recommendations
- Admiralty Attorneys, How to Pick the Right One
- Egyptian Cruise Ship Sinks
- 53 Cases of Persons Overboard since 1995
- Free Advice discussion thread recommends LMA
- EXONERATION GRANTED WITH RESPECT TO SEAMAN'S INJURY CLAIM IN LIMITATION PROCEEDING
- Congress Eyes Cruise Ship Dangers
- PLAINTIFFS WHO WERE PART OF OPERATING CREW OF CASINO BOAT WERE SEAMAN AND THEREFORE EXEMPTED FROM FAIR LABOR STANDARDS ACT PERTAINING TO OVERTIME
- MSNBC News Live - Jason Margulies And The George Smith Case
- FORUM SELECTION CLAUSE IN PASSENGERS TICKET ENFORCED. CASE TRANSFERRED TO MIAMI, FLORIDA
- OPERATED HERNIATED DISC AWARD OF ABOUT $70,000 FOR SEAMAN ON FISH PROCESSING VESSEL.
- ADMIRALTY JURISDICTION APPLIED TO PERSONAL WATER CRAFT. PLAINTIFF FAILED TO FILE TIMELY REMAND TO STATE COURT UNDER SAVINGS TO SUITORS CLAUSE.
- OWNER FOR LIMITATIONS PURPOSES INCLUDED MANAGEMENT AND OPERATIONS COMPANY FOR THE VESSEL
- SHIPOWNER ALLOWED TO BRING CLAIM AGAINST SEAMAN FOR INDEMNITY WITH RESPECT TO PROPERTY DAMAGE
- BEFORE FILING SUIT AGAINST UNITED STATES UNDER SUITS IN ADMIRALTY ACT, ADMINISTRATIVE REMEDIES MUST BE STRICTLY FOLLOWED CASE DISMISSED WITH PREJUDICE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS, GALVESTON DIVISION
- SANCTIONS ENTERED FOR FAILURE TO PAY MAINTENANCE AND CURE AS PREVIOUSLY ORDERED BY COURT
- MAGISTRATE RECOMMENDED THAT SHIP OWNER'S COUNTERCLAIM AGAINST SEAMAN FOR ATTACHING VESSEL FOR MAINTENANCE AND CURE AFTER THREE YEARS FROM THE DATE OF INJURY BE DENIED
- DOCK WINCH DID NOT QUALIFY AS APPURTENANCE OF VESSEL FOR PURPOSES OF UNSEAWORTHINESS
- BEING A SHIP'S CAPTAIN IS NOT ENOUGH TO BE AN EXPERT IN A LIFTING CASE.
- BARBETTA FOLLOWED IN CASE FOR BAD MEDICAL CARE ON A VESSEL. THIS CONFLICTS WITH ANOTHER DECISION FROM THE SAME DISTRICT COURT AS WELL AS THE CARLISLE DECISION WHICH WAS RECENTLY ARGUED IN THE FLORIDA SUPREME COURT
- Kin of woman missing on cruise sue Carnival
- Carnival Cruises Sued by Family of Wisconsin Woman who Disappeared
- FOX26 NEWS (Houston) - Cruises...Hot Vacations...Cold Truth
- Rape & Sexual Assault on Cruise Ships
- Geraldo at Large - Mystery on the High Seas
- Congressional Investigation Ordered on Missing Cruise Passenger George Smith
- What Every Cruise Ship Passenger Needs To Know
- Scarborough Country - Congressional investigation of George Smith case
- Following Lipcon, Margulies & Alsina's landmark case, Carlisle v. Carnival Corporation, Illinois court holds cruise line is vicariously liable for ship's doctor's malpractice to ship passenger.
- Supreme Court of Illinois holds that Defendant is entitled to demand a jury trial in a Jones Act Negligence / Unseaworthiness case pending in state court and denial of such demand was reversible error.
- New trial ordered where maritime ergonomic engineering expert witness was improperly not permitted to testify...
- Injured cruise line passengers' claims dismissed...
- Cruise line's forum selection clause selecting federal court in Miami, Florida as the exclusive forum is enforced and case is transferred but not dismissed from federal court in Texas.
- Minor sues hotel chain and owner of wave runner rental operation in Cayman Islands
- Cleaning barge held to be a "vessel" for purposes of establishing seaman status for a barge cleaner who spent an average of 20 minutes per day aboard the cleaning barge and the majority of his time cleaning third party barges.
- Seaman's action against cruise line dismissed...
- Summary Judgment granted against seaman who contracted mesothelioma and in favor of product manufacturers where seaman was unable to establish that any of the defendant's products was a substantial factor in causing seaman's illness.
- Charles Lipcon on A Current Affair
- A Current Affair - Hope's Story
- A Current Affair - Jane's Story
- MSNBC News Live
- Big Story Weekend Edition - Charles Lipcon on George Smith Case
- Heartland With John Kasich - Charles Lipcon on George Smith Case
- Scarborough Country - Charles Lipcon on George Smith Case
- Scarborough Country - Charles Lipcon on George Smith Case
- Catherine Crier Live - Cruise Line Crime
- The O'Reilly Factor - Man Disappears From Cruiseship
- A Current Affair - Cruise Ship Crime
- A Current Affair - Crime on the High Seas
- A Current Affair - Cruise Ship Rape & Sexual Assaults
- A Current Affair - Missing cruise passenger George Smith
- Employee Injured On Ship In Russia Not A Seaman Due To Lack Of Connection To A Vessel In Navigation
- Where Cruise Line Ticket Delivered 13 Days Before Cruise, Adequate Notice Of The Forum Selection Clause Was Not Provided And Would Not Be Enforced
- Permanent Transfer Of A Seaman To A Platform That Was Not A Vessel Defeated Claims Under The Jones Act
- Attacking The Character Of A Defense Witness On Matters Not Relevant To The Issues At Trial Required A New Trial
- Seaman's Motion For Cure Granted. Claim For Attorneys Fees And Punitive Damages Denied
- Riverboat Casino Employee Had Claim For Overtime Under The Fair Labor Standards Act But Did Not Have In Rem Claim Or A Maritime Lien
- Riverboat Casino Employee Had Claim For Overtime Under The Fair Labor Standards Act But Did Not Have In Rem Claim Or A Maritime Lien
- Suit Filed In Wrong Forum Against Cruise Line Transferred To U.S. District Court For Southern District Of Florida
- One Year Passenger Ticket Limitation To File Suit Applied To Claims Against Independent Contractor Who Ran The Spa On The Ship. Also Filing Suit In State Court Did Not Toll The Time Period To File Suit In Federal Court.
- Judgment For Seaman Who Fell By Reason Of Boots Becoming Wet Was Reversed Because There Was Not Duty To Warn About Open And Obvious Dangers
- Employer Of Seaman Not Liable For The Cracking Of The Necks Of Fellow Crewman Since It Was Outside The Scope Of The Employment. Summary Judgement Affirmed.
- Admiralty Jurisdiction Applied Where Worker Injured Where Worker Injured While Cleaning Oil Tank Of Barge
- Americans with Disabilities Act Is Generally Applicable To Foreign Flag Cruise Ships
- Attachment Order Entered Against Attorney In Multi Million Dollar Dispute Involving Seaman's Claim For Maintenance And Cure Which Resulted In $8,329,720.65 Judgment
- Summary Judgment Against Seaman Reversed In Maintenance And Cure Claim
- Dismissal Of Honduran Seaman's Claim For Maintenance And Cure Due To Inappropriate Forum Confirmed
- Damages Affirmed In Action For Violation Of The Duty To Rescue Along With A Reduction Of 70% Based On Comparitive Fault
- Not Error To Reinstate Claims Previously Dismissed Based On Forum Non Conveniens
- Forum Selection Clause Enforced In Passenger's Claim Against Cruise Line
- Loss Of Consortium Claim For Passenger's Spouse Not Available In Admiralty
- Seaman's Case Dismissed On Forum Non Conveniens. Court Has Inherent Power To Raise Motion On It's Own Without Regard To 60 Day Time Limit Under Rules Of Civil Procedure
- Cruise Lines Motion For Summary Judgment Denied Where Performer On Vessel Stepped On Passenger's Foot During A Show
- Captain Of Vessel Who Was A Joint Venturer In The Vessel Did Not Have A Maritime Lien Against The Vessel
- Penalty Wages Denied Where Failure To Pay Was Due To An Accounting Error
- Seaman On Fishing Boat Awarded Damages For Injuries Suffered When Struck In The Back By A Block
- Longshoreman On Board A Crew Boat Awarded Damages For Injuries Sustained When A Slow Moving Barge Was Struck
- Summary Judgment In Favor Of Owner On Unseaworthiness Granted Where Cook Fell When Seas Had 5 Foot Waves. Summary Judgment Denied On Jones Act And Maintenance And Cure Claims
- Gambling Boat Crew Members Were Exempt From Overtime Provisions Of The Fail Labor Standards Act Since They Were Seaman. Summary Judgment Granted For Owner
- Summary Judgment Granted Against Seaman Who Slipped On Wet Deck In Favor Of Charterer And The Employer With Respect To Jones Act. Denied As To Maintenance And Cure
- Summary Judgment Granted Against Maritime Construction Worker Because He Was Wedge Plates To Seawall At Time Of Injury Which Was A New Land Based Assignment That Did Not Involve Service To A Vessel
- Summary Judgment Granted Against Tankerman Due To Lack Of Evidence
- Summary Judgment For Vessel Where No Medical Causation Testimony Except On Maintenance And Cure Claim
- Libya's Motion To Dismiss Denied Where Plaintiff's Were Removed From A Vessel To Be Used As Human Shields To Prevent American Air Attacks
- Cruise Line Motion To Dismiss On Venue Denied Since Tickets To Board Ship Not Received Until Passenger Arrived At Dock To Board The Vessel After Flying From The Netherlands
- Forum Selection Clause In Cruise Line Ticket Enforced Against Minors, Case Transferred To Southern District Of Florida
- Philippine Seaman Required To Arbitrate Claim Of Rape In Suit Against Cruise Line
- Summary Judgment Affirmed Against Longshoreman With Respect To Gap Between Cargo That Caused Injury
- Daubert Hearing Required For Physician's Causation Testimony In Seaman's Claim With Respect To Dust From 911 Debris
- Summary Judgment Granted Against Seaman Who Was Not In The Zone Of Danger
- Summary Granted Against Seaman Status For Shoreside Mechanic
- Seaman Precluded From Refiling Suit In Federal Court After Voluntary Dismissal Based On Claimed Forum Shopping Even Though No Prejudice To Defendant
- Forum Selection Clause Enforced In Passenger's Claim Against Cruise Line
- Summary Judgment Denied Where Seaman Performed Work Aboard A Vessel, Granted With Respect To Work Aboard A Barge
- Motion To Dismiss Seaman's Claim As A Discretionary Function Was Denied
- Jury Verdict For Seaman Reversed For Failure To Disclose Prior Back Problems
- Arbitration Agreement In Philippine Seaman's Contract Enforced
- Collective Bargaining Agreement Interpreted To Allow More Than $15 A Day For Maintenance
- Harbor Maintenance Tax Could Not Be Applied Retroactively
- Summary Judgment Against Seaman Who Claimed Racial Discrimination Affirmed Since He Did Not Exhaust Administrative Remedies
- Claim Letter To Vessel Owner Started Six Month Period To File Limitation Action
- Harbor Maintenance Tax Applied To Entire Cruise Line Passenger Ticket Without Regard To Just Transportation Component Of Ticket
- Whether Ada Applied To Foreign Flag Cruise Ships Put On Hold Pending Ruling In Another Case
- Dredge Is A Vessel
- FOX News at 10 - Cruiseline Sexual Assault
- Cruise Line Law Reporter - November/ December 2005 Issue
- Cruise Line Strictly Liable For Crewmember Assaults Against Passengers Off The Vessel
- Ship Owners Motion To Limit Expert's Testimony Denied Without Prejudice To Making Objections At Trial
- Summary Judgment Against Seafarer In Heavy Lifting Case Reversed
- Seaman Can Sue U.S. Government In District Where He Resides Instead Of His Domicile
- Fnc Motion Granted In Favor Of Costa Cruise Lines
- Indefinite Stay Denied While State Court Litigation Dealing With Forum Selection Clause Specifying U.S. District Court Was Pending
- Sieracki Seaman Status Claim Approved For Independent Contractor
- Summary Judgment Granted For Passenger That He Was Injured By Getting Shoes Wet Walking Across Wet Mat And Then Slipping
- Choice Of Forum Clause In Seaman's Contract Was Unenforceable In Jones Act Claims
- Jury Issue On Maintenance And Cure Where Seaman Does Not Reveal Prior Back Condition During Pre-employment Physical
- Summary Judgment For Shipping Company Reversed Where Vessel Captain Allowed Intoxicated Seaman On Board Which Caused Injury To Seaman Trying To Break Up A Fight
- Shipping Company Did Not Have To Treat Multiple Sclerosis After It Was Stabilized
- Ship Owners Motion For Summary Judgment Denied Where Piece Of Frozen Meat Fell On To Crew Members Foot
- Discovery Of Prior Sexual Assaults Approved
- Passenger Case Against Cruise Line Dismissed Under Forum Selection Clause In The Passenger Ticket
- Summary Judgement Against Seaman Who Could Not Prove His Exposure To Chemicals Caused Cancer By Reliable Expert Opinion Was Affirmed
- Medicare Eligibility Did Not Terminate Employers Maintenance And Cure Obligation
- Attorneys Fees Awarded On Maintenance Claim Where No Payment Made For Over One Year
- State Dram Shop Law Did Not Apply In Admiralty
- Cruise Line Forum Selection Clause Enforced Even Though Passenger Claimed Lack Of Notice
- Judgment For Wheel Chair Passenger Who Was Injured While Being Carried On Stairs Due To Broken Elevator Was Affirmed
- Judgment Nov Granted For Seaman Who Died From Asbestos Exposure Even Though Jury Found No Causation
- No Liability Where Landowner Warned Captain Of Vessel About Dangers On Land Adjacent To Docked Vessel
- Judgment For Employer Affirmed Where Seaman Failed To Request Assistance In Lifting Line From Water
- Summary Judgment Granted To Ferry Operator Against Passenger Claiming Assault And Battery
- United States And The Navy Had Sovereign Immunity For Death Occurring On Vessel Under Construction Due To Lack Of Admiralty Jurisdiction
- Motions By Both Passenger Who Claimed A Sexual Assault And By Ferry Operator To Exclude Opposing Expert Testimony Denied
- Seaman Injured By Chair That Collapsed Entitled To Recover From His Employer, Chair Seller And Chair Manufacturer
- Case Dismissed Based On Forum Non Conveniens Where No Connection To The United States
- Court Tried Limitation Action After Jury Verdict On Liability And Damages
- Jury Question For Both Negligence And Unseaworthiness When Other Crew Members Let Go Of A Line.
- The Court Had The Equitable Power To Alter A Contingent Fee Agreement Between A Seaman And His Attorney
- Seven Million Dollar Plus Jury Award For Death Of Rigger On Barge Vacated And New Trial Ordered, Due To Improperly Giving Jury Claim Based On Unseaworthiness And Improperly Charging Jury On Negligence Standards
- Court Verdict For Seaman's Employer In Death Case Involving Asbestos
- Shipowner Did Not Obtain Summary Judgment Where Affidavits Only Contained Statements That Were Conclusory
- Seaman Could Bring A Claim For Punitive Damages Against Non-Employer Under General Maritime Law
- Dock Owner Did Not Have A Duty To Provide Seaman With Safe Access To The Dock From A Barge
- Where Seaman Filed In Admiralty Shipowner Did Not Have A Right To A Trial By Jury
- Seaman On Tug Did Not Have Unseaworthiness Claim For Injury On Barge Being Towed Which Was Not Owned By His Employer
- Order Of Remand Divested Appellate Court Of Jurisdiction To Consider If International Arbitration Act Applied To Indian Seaman's Claim
- Where U.S. Defendant Joined In Action Against Greek Shipping Company U.S. Law Would Be Applied To Avoid Unworkable Application Of Two Different Maritime Laws
- Collateral Source Rule Does Not Apply Where Insurance Company Has The Right To Subrogate Even If Subrogation Not Actually Claimed
- Permanently Moored Casino Riverboat Not A Vessel In Navigation For Jones Act Purposes
- Class Certification Denied With Respect To Mobility Impaired Passengers Because Common Issues Not Shown To Predominate
- Forum Selection Clause Of Paris France For Vessel That Did Not Touch A U.S. Port Upheld With Respect To Cruise Line Passenger
- Employee Who Only Unloaded Fish From Docked Vessels Was Not A Seaman
- Injury On A Permanently Moored Riverboat Casino Not In Admiralty
- Claim Against Cruise Line For Malpractice Of Ship's Physician Based On Vicarious Liability Stated Claim For Relief
- California Dram Shop Act Applied In The Absence Of A Federal Dram Shop Law. Survival Action And Claim For Punitive Damages Allowed To Proceed Where Non Seaman Killed In Territorial Waters
- Costa Cruise Line Motion For Reconsideration Of Denial Of Motion To Dismiss Based On Forum Non Convenience Was Denied As Costa Was Owned By Carnival Corp. Which Had It Base Ofoperations In The United States
- Union Presumed To Have Authority To Enter Into A Memorandum Withholding Vacation Benefits So As To Not Violate Penalty Wage Statute
- Harmless Error To Allow Osha Violation Into Evidence In A Seaman's Action And Jury's Discussion Of Contingency Fee Did Not Require New Trial
- Seaman Did Not Forfeit Right To Maintenance And Cure By Failing To Disclose Preexisting Diabetes
- Court Certifies Question Of Whether Cruise Lines Liable For Negligence Of Ship Board Doctors
- Exculpatory Clause In Boat Club Contract Held To Be Valid
- Court Had Jurisdiction Over Manufacturer Of Smoke Detection Device That Exploded And Caused Injury
- Passenger Claim Dismissed For Failure To Refile Suit Within 30 Days After Bankruptcy Plan Of Reorganization Approved
- Forum Selection Clause In Passenger Ticket Enforced And Action Transferred To Florida
- Passenger Claim Dismissed For Failure To File Suit Within 30 Days After Bankruptcy Plan Of Reorganization Approved
- 5 Billion Dollar Punitive Damage Award For Oil Pollution Reduced By 500 Million Dollars
- Ada Does Not Apply To Foreign Flag Vessels
- Court Erred Is Dismissing Case Where There Was Jury Question As To Whether 30% Or More Time Was Spent On Vessels By Welder So As To Achieve Seaman Status
- Dismissal Of Jones Act Claim Because Longshoreman Harbor Worker Benefits Accepted Was Reversed
- Seaman Status Not Met Where Less Than 30% Of Time On Vessel
- Shipowner Liable For Injuries On Tender To Shore Excursion Even Though Tender Operated By Third Party. Trial Court Erred In Directly Verdict Even Where Condition Was Open And Obvious Since Shipowner Should Have Reasonably Anticipated The Condition
- Shipowner's Motion To Dismiss For Forum Non Conveniens Denied Where Seaman Had Medical Care In The United States, Shipping Company Earned Substantial Revenue In The United States, Made Maintenance And Cure Decisions In The United States And Had Substantia
- Shipowner Being Sued Under Jones Act, For Unseaworthiness And Maintenance And Cure Had It's Third Party Claim Against Medical Facility Dismissed Since Issues Of Medical Negligence Would Have Unduly Complicated The Seaman's Case
- Philippine Seaman's Motion To Remand Case To State Court Denied And Shipowners Motion To Compel Arbitration In The Philippines Under The Poea Granted
- MARGARET PERKS, v. SCOTIA PRINCE CRUISES, LTD.
- Magistrate Recommends Upholding One Year Ticket Limitation For Passenger To File Suit Where Reasonable Notice Of Limitation Was Provided To The Passenger
- Jury Verdict For Seaman Affirmed Where Shipowner Failed To Provide Reasonable Medical For Gallstone Problem
- Where Alleged Medical Malpractice Occurred On Ship Which Had Not Yet Reached The Edge Of The Gulfstream Off The Coast Of Florida, The Incident Occurred In Florida Territorial Waters So As To Defeat The Ship Doctor's Motion To Dismiss.
- Summary Judgment Made In Favor Of Company Regarding Claims Made By Seaman Against Company Named In The Preamble To A Collective Bargaining Agreement Between The Seaman's Union And Seaman's Employer; Additionally, Claims Made For Jones Act Negligence And M
- Ship Owner's Obligation To Provide Maintenance And Cure Terminated When Seaman's Incurable Condition Of Multiple Sclerosis Was Declared "Permanent" By Seaman's Physician.
- Court Holds That Arbitration Agreements Entered Into By Cruise Ship Employer And Crew Members Are Subject To And Enforceable Under The Convention On The Recognition And Enforcement Of Foreign Arbitral Awards
- Cross Motions For Summary Judgment Denied Where A Ferry Owner May Have Accelerated The Ferry In A No Wake Zone Causing Injury To Pleasure Boat Operators Who May Have Failed To Keep Sufficient Lookout.
- Where The Parties Prefer Application Of Foreign Law To A Seaman's Personal Injury Case And The Foreign Jurisdiction Is An Adequate Alternative Forum, The Seaman's Case Is Dismissed Pursuant To Forum Non Conveniens To Be Refiled In The Foreign Jurisdiction
- Where A Seaman Brings Claims For Jones Act Negligence, Unseaworthiness, And Maintenance And Cure...
- Ship's Captain And Mates Have A Duty To Evaluate And Anticipate The Likelihood Of Problems Associated With The Landing On Shore Which Could Have Posed A Hazard For The Deckhands On Shore Trying To Retrieve The Heaving Line When Thrown From The Ship.
- Where Seaman Who Was Injured On U.S. Naval Ships Sues Employer, Not Government Ship Owner, And Then Later Adds Government As A Defendant And Dismisses Employers After The Statute Of Limitations Had Run, Seaman's Claims Against Government Are Dismissed.
- Cruise Ship Operator, Which Is A Common Carrier, Is Not Vicariously Liable For The Intentional Torts Of Crew Members Aboard Its Vessels Which Are Not Employees Of The Cruise Ship Operator But, Rather, Are Employees Of A Catering Company...
- Commericial Diver Who Spent Only Five Percent Of His Time Working Aboard Vessels And Who Did Not Regularly Spend Days Or Weeks At A Time Working, Eating, Or Sleeping Aboard Vessels Was Not A Jones Act "Seaman".
- Where A Putative Owner Of A Vessel Entered Into A Demise Or Bareboat Charter Sufficient To Render Another Entity The Owner Pro Hac Vice Of The Vessel, It Was The Owner Pro Hac Vice That Is Liable For A Wage Penalty To A Seaman
- Court Finds For Ship Operator And Against Seaman On Jones Act Negligence And Unseaworthiness Claims Based On Injury
- Court Finds For Ship Operator And Against Seaman On Jones Act Negligence And Unseaworthiness Claims Based On Injury
- Court Finds For Ship Operator And Against Seaman On Jones Act Negligence And Unseaworthiness Claims Based On Injury
- Court Finds For Ship Operator And Against Seaman On Jones Act Negligence And Unseaworthiness Claims Based On Injury
- Service Of Process On A Cruise Ships' Doctor Made By Serving The Doctor's Attorney Aboard The Cruise Ship Docked In Miami, Florida Is Deemed Proper Service.
- Service Of Process On A Cruise Ships' Doctor Made By Serving The Doctor's Attorney Aboard The Cruise Ship Docked In Miami, Florida Is Deemed Proper Service.
- Court Holds That Cruise Lines Ships Doctors Are Agents Of The Cruise Line And, As Such, The Ships Doctors' Negligence Is Imputed To The Cruise Line.
- Seaman Injured While Tripping Over A Plastic Packing Strap That Fell From A Carton To The Deck Recovers For Unseaworthiness Because A Shipowners Warranty Of Seaworthiness Extends To Its Stores And Their Defective Packaging.
- Court Has Jurisdiction To Reinstate Jones Act Action Which Was Dismissed After Being Settled But Where The Defendant Did Not Comply With The Terms Of The Settlement Even Where The Court Did Not Specifically Retain Jurisdiction To Enforce The Settlement Be
- Seaman Who Was Injured While Exiting A Crane Which Should Have Been Operated By Remote Control Awarded Judgment; However, Maintenance Rate Of $8 Per Day Upheld When Coupled With More Extensive Benefits Package As Part Of A Collective Bargaining Agreement.
- Seaman Injured While Tripping Over A Plastic Packing Strap That Fell From A Carton To The Deck Recovers For Unseaworthiness Because A Shipowners Warranty Of Seaworthiness Extends To Its Stores And Their Defective Packaging.
- Injured Seaman Granted A New Trial After Jury Found Seaman 90% Contributorily Negligent For Attempting To Close A Hatch Door In The Rain To Prevent A Safety Hazzard Where The Door Was Established As Being Difficult And Awkward And There Were No Hand Rails
- Motion To Dismiss For Forum Non Conveniens Granted Where The Only Connection To The Subject Forum Was That The Ship Owner's Manager Maintained Offices And A Place Of Business In The Forum And It Was Established That The Plaintiff Could Make A Recovery In
- "Captain" Of Riverboat Casino Denied Jones Act Seaman Status Because Although The Riverboat Was Capable Of Navigating The Lake In Which It Was Docked, It Could Not Do So Legally While Operating As A Casino, As Such It Was Not A "Vessel In Navigation" At T
- Claims Brought By An Injured Land Based Worker Against Vessel And Land Based Crane Owner And Operator For Being Struck By A Life Raft Being Lifted Out Of The Vessel By A Crane Are Dismissed For Lack Of Subject Matter Jurisdiction Because They Did Not Invo
- Owner Of A Salvor Vessel Which Was Not Put At Risk During A Salvage Operation Is Not Entitled To Part Of The Apportionment Of Salvage Award
- Cruise Line's Authority To Supervise And Correct A Port Authority's Performance Does Not Defeat The Cruise Line's Claim For Indemnity Against The Port Authority For Breach Of The Implied Warranty Of Workmanlike Performance
- Employee Who Was Injured When He Fell From A Ladder In A Drydock Facility Held Not To Be A Seaman And, As Such, Employer Could Remove Case From State Court To Federal Court Because Case Could Not Proceed Under The Jones Act
- Non-Dependent Survivor Of Nonseaman Killed In State Territorial Waters Cannot Collect Nonpecuniary Damages Under The General Maritime Law
- A Summer Intern Who Was Injured While Assigned To Work On A Vessel During His Internship But Whose Other Work That Summer Was Primarily Land Based Is Determined Not To Be A Jones Act Seaman
- Class Certification Denied To Passengers Aboard Cruise Ship Caught In Hurricane Where Several Passengers Became Injured And Many Became Seasick Because Court Determined That Questions Of Law And Fact Common To The Class Did Not Predominate Over Questions
- A Single Damage Award For A Seaman For Jones Act Negligence And Unseaworthiness Is Reversed Where The Pennsylvania Rule Applies Because The Court Is Precluded From Reducing The Award Apportioned To The Jones Act Negligence For Comparative Negligence Where
- Employer's Motion For Summary Judgment On Jones Act Negligence, Unseaworthiness, And Maintenance Denied Where Seaman Was Assaulted By Fellow Crew Member Who Was Known To Smoke Marijuana Daily In Violation Of Ship's Rules.
- Where Competing Medical Evidence As To Maximum Medical Cure Of A Seaman Exists It Defeats Employers Motion For Termination Of Maintenance And Cure Benefits And Supports Seaman's Motion To Compel Maintenance And Cure Benefits.
- The Third District Court Of Appeals For Florida Adopts The Unpublished U.S. Court Of Appeals, Eleventh Circuit Decision In Fantome V. Frederick, Which Holds That Dismissal Pursuant To Forum Non Conveniens Is Inappropriate If The Jones Act Applies To A Mat
- Summary Judgment For Jones Act Employer On Cross-Claim From Barge Cleaning Company Denied Where Employee Fell Into An Open Manhole And Genuine Issues Existed As To Whether Jones Act Employer Provided Adequate Training Or A Safe Work Environment.
- Worker Injured Aboard A Grain Transfer Facility Which Was Permanently Moored To A Riverbed And Moved Only On A Winch System Was Not A "Seaman" For Jones Act Purposes.
- Jury Award For Jones Act Seaman Where Employer Left Sick Seaman For Medical Treatment On An Island Without An Airport.
- Forum Selection Clause In Cruise Passenger Ticket Enforceable Despite Passengers Receiving The Ticket About 24 Days Before Cruise Began At A Time When Passengers Would Have Had To Forfeit A Portion Of Their Cruise Fare If They Rejected The Forum Selection
- Jones Act Employer May Be Liable For Injuries To Seaman Training At United States Operated Training Center. Jones Act Employer, However, May Not Seek Indemnity Or Contribution From The United States Where The United States Would Not Be Independently Liabl
- Waitress Who Worked Aboard A Moored Riverboat Gambing Boat Was Not A Seaman For Jones Act Purposes.
- Order Granting Cruise Line New Trial On Damages Reversed Where The Reasonableness And Unassailability Of The Bottom Line Verdict Amount Rendered Harmless Any Arguable Miscalculation Fo The Component Verdict Amounts Rendered.
- Forum Non Conveniens Motion Granted In Seaman's Wrongful Death Case Where Seaman Was Russian, Tort Occurred In Chinese Territorial Waters, And All Witnesses Were Russian Nationals.
- Private Ship Operators' Motion For Summary Judgment Allgeing Only United States Is Proper Party Under Suits In Admiralty Act Denied Where Contract Between The U.S. And Private Ship Operators Is Not Conclusive Regarding The U.S. Agency Status Of The Privat
- Employer's Motion To Dismiss For Improper Venue Based On Forum Selection Clause In Employment Contract Denied Where Employer's Headquarters Were Located Within Forum. Employer's Motion To Transfer Venue Granted Where Tort Occurred Off Shore In Other Venue
- "Vacation Pay" Held Not To Be A Wage Within The Meaning Of 46 U.S.C. §10313 And Collective Bargaining Agreement Reducing Union Members' "Vacation Pay" Valid Because It Does Not Deprive Union Members Of A Remedy For Recovery Of Wages.
- No Federal Protection For Seaman Who Is Wrongfully Discharged For Refusing To Violate A Federal Safety Statute. Employer Granted Summary Judgment Pursuant To Employment-At-Will Doctrine.
- Shipowner Negligent And Vessel Unseaworthy Where Water Faucets On Upper Deck Broken And Seaman Injured Back While Carrying Buckets Of Water Up Stairs To Clean Pipe Rack. Verdict Of $3.64 Million Remitted To $1.64 Million.
- Summary Judgment In Favor Of Ship Owner Reversed Where Seaman Was Injured By Slipping On Engine Room Floor Made Wet By Rain Water Coming In Through Open Hatches And Expert Witness Opines That The Hatches Should Not Have Been Left Open.
- Summary Judgment In Favor Of Cruise Line Reversed Where Passenger Injured Due To Loose Door Handle And Cruise Line Employees Had Opportunity To Discover The Loose Door Handle.
- New Trial Granted After Verdict For Seaman Of $1.137 Million On Claims Of Negligence, Unseaworthiness, And Maintenance And Cure (But Not Attorneys Fees)...
- New Trial Granted In Passenger Slip And Fall Case Where Passenger's Expert Was Permitted To Render Opinions At Trial Based On Unconfirmed Data.
- Seaman's Motion For New Trial Denied Where Seaman Presents Newly Obtained Evidence Which The Trial Court Deemed Unlikely To Change The Outcome Of The Trial.
- Limitation Of Liability Petition Granted In Claim Brought By A Passenger Of A Cabin Cruiser Who Was Advised By A Member Of The Boating Party That The Water Was Sufficiently Deep For Him To Dive Into Resulting In A Paralyzing Neck Injury...
- Court Holds That Louisiana's State Statute Prohibiting Forum Selection Clauses Within Employment Contracts Constructively Voided Foreign Forum Selection Clause In Foreign Seamen's Contracts Despite The Fact That The Seamen Brought Suit In Federal Court.
- Court Denies Extension Of Time For Cruise Line Passengers To Appeal Dismissal Of Passengers' Case Against Cruise Line In Violation Of The Terms Of The Passenger Ticket Contract Because Such Appeal Would Likely Be Unsuccessful.
- Appeals Court Holds That Florida Constitution Provides That Florida's (East Coast) Territorial Waters Extend To The Outside Of The Gulf Stream (Well Beyond Three Miles But Possibly Limited By Twelve Miles)...
- SEAMAN FOUND 90% CONTRIBUTORILY NEGLIGENT WHEN HE WAS STRUCK FROM THE REAR BY LEAD TONGS HE WAS OPERATING DESPITE SEAMAN'S ARGUMENTS THAT THE TONGS WERE HUNG IMPROPERLY AND THAT A COWORKER FAILED TO PREVENT THE ACCIDENT.
- ARBITRATION CLAUSE WITHIN SEAMAN'S CONTRACT ENFORCED EVEN AS TO NON-SIGNATORIES OF THE CONTRACT PURSUANT TO EQUITABLE ESTOPPEL
- CHIEF ENGINEER OF LAND BASED OPERATIONS OF A CASINO VESSEL WAS NOT COVERED BY THE LONGSHORE AND HARBOR WORKERS COMPENSATION ACT BECAUSE THE CASINO VESSEL WAS A "RECREATIONAL OPERATION" FOR THE PURPOSE OF THE LHWCA
- CHIEF ENGINEER OF LAND BASED OPERATIONS OF A CASINO VESSEL WAS NOT COVERED BY THE LONGSHORE AND HARBOR WORKERS COMPENSATION ACT BECAUSE THE CASINO VESSEL WAS A "RECREATIONAL OPERATION" FOR THE PURPOSE OF THE LHWCA
- CRUISE LINE'S CONTRACTUAL ONE YEAR TIME LIMITATION FOR BRINGING SUIT WAS NOT ENFORCEABLE AGAINST A MINOR BUT WAS ENFORCEABLE AGAINST MINOR'S PARENTS' CLAIMS.
- CRUISE LINE'S CONTRACTUAL ONE YEAR TIME LIMITATION FOR BRINGING SUIT WAS NOT ENFORCEABLE AGAINST A MINOR BUT WAS ENFORCEABLE AGAINST MINOR'S PARENTS' CLAIMS.
- SHIPOWNER'S PETITION FOR EXONERATION FROM AND/OR LIMITATION OF LIABILITY DENIED IN SEAMAN'S ACTION FOR NEGLIGENCE AND UNSEAWORTHINESS WHERE SHIPOWNER HAD PRIVITY AND KNOWLEDGE OF UNSEAWORTHY CONDITION.
- SHIPOWNER'S PETITION FOR EXONERATION FROM AND/OR LIMITATION OF LIABILITY DENIED IN SEAMAN'S ACTION FOR NEGLIGENCE AND UNSEAWORTHINESS WHERE SHIPOWNER HAD PRIVITY AND KNOWLEDGE OF UNSEAWORTHY CONDITION.
- SHIPOWNER'S PETITION FOR EXONERATION FROM AND/OR LIMITATION OF LIABILITY DENIED IN SEAMAN'S ACTION FOR NEGLIGENCE AND UNSEAWORTHINESS WHERE SHIPOWNER HAD PRIVITY AND KNOWLEDGE OF UNSEAWORTHY CONDITION.
- U.S. CONVICTION OF FOREIGN CREW MEMBER WHO SEXUALLY ASSUALTED A 12 YEAR OLD PASSENGER ABOARD A CRUISE SHIP IN INTERNATIONAL WATERS IS AFFIRMED.
- COURT HOLDS THAT EMPLOYER'S MAINTENANCE AND CURE OBLIGATION CONTINUES WHERE THERE IS A CONFLICT AMONG DOCTORS...
- CLASS CERTIFICATION OF SEAMANS' ACTION TO RECOVER OVERTIME WAGES ALLEGEDLY WITHHELD IN VIOLATION OF EMPLOYMENT CONTRACTS, COLLECTIVE BARGAINING AGREEMENTS, AND THE SEAMAN'S WAGE ACT, GRANTED.
- CLASS CERTIFICATION OF SEAMANS' ACTION TO RECOVER OVERTIME WAGES ALLEGEDLY WITHHELD IN VIOLATION OF EMPLOYMENT CONTRACTS, COLLECTIVE BARGAINING AGREEMENTS, AND THE SEAMAN'S WAGE ACT, GRANTED.
- SEAMAN'S MOTION FOR JUDGMENT AS A MATTER OF LAW DENIED AFTER JURY FOUND FOR EMPLOYER ON JONES ACT CLAIM BASED ON SEAMAN FALLING WHILE GROGGY DUE TO MEDICATION TAKEN AT THE DIRECTION OF SHIP'S MEDICAL OFFICER
- Summary Judgment Granted against Cruise Line Passenger bitten by Spider on Cruise Ship Where Passenger Was Unable to Show any Notice to Cruise Line of Spider Problem Aboard Ship.
- Summary Judgment Granted against Cruise Line Passenger bitten by Spider on Cruise Ship Where Passenger Was Unable to Show any Notice to Cruise Line of Spider Problem Aboard Ship.
- Louisiana Statute Prohibiting the Enforcement of Forum Selection Clauses Contained in Employment Contracts Or Collective Bargaining Agreements Held to Apply to Maritime Cases.
- Employer's Motion for Summary Judgment Granted against Shipowner's Indemnity...
- Employer's Motion for Summary Judgment Granted against Shipowner's Indemnity...
- Employer's Motion to Dismiss for Lack of Jones Act Seaman Status Denied...
- Payments made by shipowner to an injured seaman in excess of its maintenance and cure obligation...
- After employer attempts to remove an injured worker's Jones Act claim to Federal Court claiming that the injured worker was not a Jones Act Seaman...
- Passenger Claim Against Cruise Line Transferred to Florida Where Carnival Cruise Line Passenger Ticket Included Forum Selection Clause Selecting Florida...
- Summary Judgment granted against Seaman's claim for Jones Act Negligence and Unseaworthiness...
- Seaman who failed to report injury aboard vessel still entitled to maintain claim of Jones Act negligence; however, seaman's claim of emotional distress due to harassment without physical manifestation of those emotional injuries was dismissed.
- Summary Judgment for seaman's employer reversed where injured seaman failed to disclose prior back injury which occurred shortly before he began working for employer...
- Floating Fish Processing Factory which traveled between Seattle and Alaska twice each year is held to be a vessel in navigation for purpose of determining whether injured Fish Processing Factory worker was a Jones Act Seaman...
- Floating Fish Processing Factory which traveled between Seattle and Alaska twice each year is held to be a vessel in navigation for purpose of determining whether injured Fish Processing Factory worker was a Jones Act Seaman...
- Court Dismisses Seaman's Complaint For Wrongful Discharge But Recognizes A Public Policy Exception To The At-Will Nature Of Maritime Employment...
- Cruise Ship Doctor's Motion To Dismiss Claim Of Malpractice Brought In Florida State Court For Lack Of Personal Jurisdiction Denied Where The Doctor Treated The Patient As The Ship Sailed Into Florida Waters And Docked At The Port Of Miami.
- Seaman's Motion In Limine To Preclude Ship Owner From Arguing Contributory Negligence Because Ship Owner Failed To Report The Accident Pursuant To 46 C.F.R. § 4.05-10 Was Denied.
- Ship Owner's Motions For Summary Judgment For Its Liability For The Death Of An Elderly Woman (Grandmother Of Seaman Working For Ship Owner) Denied Where Seaman Is Struck In The Head While Working And Then Later Intentionally Kills His Grandmother.
- Court Dismisses Seaman's Complaint For Wrongful Discharge But Recognizes A Public Policy Exception To The At-Will Nature Of Maritime Employment
- Ship Owner's Motions For Summary Judgment For Its Liability For The Death Of An Elderly Woman (Grandmother Of Seaman Working For Ship Owner) Denied Where Seaman Is Struck In The Head While Working And Then Later Intentionally Kills His Grandmother.
- Ship Owner's Motions For Summary Judgment For Its Liability For The Death Of An Elderly Woman (Grandmother Of Seaman Working For Ship Owner) Denied Where Seaman Is Struck In The Head While Working And Then Later Intentionally Kills His Grandmother.
- Ship Owner's Motions For Summary Judgment For Its Liability For The Death Of An Elderly Woman (Grandmother Of Seaman Working For Ship Owner) Denied Where Seaman Is Struck In The Head While Working And Then Later Intentionally Kills His Grandmother.
- Ship Owner's Motions For Summary Judgment For Its Liability For The Death Of An Elderly Woman (Grandmother Of Seaman Working For Ship Owner) Denied Where Seaman Is Struck In The Head While Working And Then Later Intentionally Kills His Grandmother.
- Ship Owner's Motions For Summary Judgment For Its Liability For The Death Of An Elderly Woman (Grandmother Of Seaman Working For Ship Owner) Denied Where Seaman Is Struck In The Head While Working And Then Later Intentionally Kills His Grandmother.
- Court Denies Employer's Motion For Summary Judgment That Seaman Is Bound By A Forum Selection Clause In Her POEA Contract Where The Seaman Signed A One Page Document Referring To Two Other Documents That The Seaman Testifies She Did Not Receive.
- Court Denies Employer's Motion For Summary Judgment That Seaman Is Bound By A Forum Selection Clause In Her POEA Contract Where The Seaman Signed A One Page Document Referring To Two Other Documents That The Seaman Testifies She Did Not Receive.
- Cruise Line's Summary Judgment Motion Was Granted As...
- Cruise Line's Summary Judgment Motion Was Granted As...
- Cruise Line's Summary Judgment Motion Was Granted As...
- Court Enters Judgment Against Decedent Sea Captain's Claims For His Death Pursuant To The Primary Duty Rule Where Court Found That Captain Was Operating Vessel In An Unsafe Manner.
- Court Enters Judgment Against Decedent Sea Captain's Claims For His Death Pursuant To The Primary Duty Rule Where Court Found That Captain Was Operating Vessel In An Unsafe Manner.
- Fifth Circuit Court Of Appeals Stays Proceedings On Jones Act Case For Australian Court To Determine Validity Of A Contractual Forum Selection Clause
- Summary Judgment Granted For Employer On Claim For Jones Act Negligence For Injury Sustained In Port When Seaman Was Running A Personal Errand...
- Summary Judgment Granted For Employer On Claim For Jones Act Negligence For Injury Sustained In Port When Seaman Was Running A Personal Errand...
- District Court's Failure To Dismiss Employer's Counterclaim Against Estate Of Jones Act Seaman For Loss Of Ship Was Not Immediately Appealable Under 28 Usc §1292(A)(3)
- District Court's Failure To Dismiss Employer's Counterclaim Against Estate Of Jones Act Seaman For Loss Of Ship Was Not Immediately Appealable Under 28 Usc §1292(A)(3)
- Summary Judgment Granted Against Cruise Director Who Claimed Defamation And Tortuous Interference Against Another Cruise Employee...
- Verdict For Son Of Deceased Seaman Who Was Killed In A Motor Vehicle Returning From Going To See An Oil Rig For Loss Of Nurture And Services; Employer Of Seaman Found Vicariously Liable For Driver Of Vehicle.
- Louisiana Trial Court Finds That Seaman Who Slipped And Fell While Walking Down A Ship's Stairwell While Carrying Items In Each Hand...
- Louisiana Trial Court Finds That Seaman Who Slipped And Fell While Walking Down A Ship's Stairwell While Carrying Items In Each Hand...
- Supreme Court Of Iowa Affirms Jury Verdict Against Riverboat Casino Pursuant To Iowa's Dram Shop Statute.
- Supreme Court Of Iowa Affirms Jury Verdict Against Riverboat Casino Pursuant To Iowa's Dram Shop Statute.
- Construction Worker Injured While On A Barge In A Flood Control Channel Who Had Responsibilities Involved With Movement Of The Barge Two To Three Times Per Week For Three Months May Present Issue At Trial As To Whether He Is A Jones Act Seaman.
- Construction Worker Injured While On A Barge In A Flood Control Channel Who Had Responsibilities Involved With Movement Of The Barge Two To Three Times Per Week For Three Months May Present Issue At Trial As To Whether He Is A Jones Act Seaman.
- Forum Selection Clause In Seaman's Contract, Requiring Suit In Federal Court Only, Is Held Not Enforceable By Alaska Supreme Court Pursuant To The Savings To Suitors Clause...
- Class Of Crewmembers Suing Cruise Line To Recover Wages, Overtime Wages, And Penalty Wages Under Collective Bargaining Agreements Certified.
- Class Of Crewmembers Suing Cruise Line To Recover Wages, Overtime Wages, And Penalty Wages Under Collective Bargaining Agreements Certified.
- Verdict For Son Of Deceased Seaman Who Was Killed In A Motor Vehicle Returning From Going To See An Oil Rig For Loss Of Nurture And Services; Employer Of Seaman Found Vicariously Liable For Driver Of Vehicle.
- Directed Verdict Denying Seaman's Claim For Failure To Properly Treat Reversed...
- Directed Verdict Denying Seaman's Claim For Failure To Properly Treat Reversed...
- Court Holds That An Individual Injured While Working On A Barge Afloat In Louisiana Navigable Waters Which Had No Working Equipment On Board, No Crew, No Kitchen And Incomplete Crew...
- Court Holds That An Individual Injured While Working On A Barge Afloat In Louisiana Navigable Waters Which Had No Working Equipment On Board, No Crew, No Kitchen And Incomplete Crew...
- Barge Owner And Steel Company's Motions To Dismiss Based On Lack Of Subject Matter Jurisdiction...
- Barge Owner And Steel Company's Motions To Dismiss Based On Lack Of Subject Matter Jurisdiction...
- Cruise Line's Motion To Dismiss Denied Under The Americans With Disabilities Act Where Cruise Line Failed To Provide Passenger With A Ventilator...
- Summary Judgment Granted Against Longshoreman Alleging That Ship Owner Breached Their "Turnover Duty" And "Active Control" Duty Where An Incident Causing Injury Occurred On A Barge After It Was Taken By The Longshoreman From A Mooring Bay To A Dock.
- Summary Judgment Granted Against Longshoreman Alleging That Ship Owner Breached Their "Turnover Duty" And "Active Control" Duty Where An Incident Causing Injury Occurred On A Barge After It Was Taken By The Longshoreman From A Mooring Bay To A Dock.
- Admiralty Jurisdiction Denied Where Ship Located On A River Entirely Within A State And Bounded By Two Bridges With Lower Height Clearance Than The Height Of The Ship - Hence, The Ship Was Not Located In Navigable Waters.
- Fifth Circuit Holds That Philippine Seaman's Claim For Jones Act Negligence, Unseaworthiness, And Maintenance And Cure Was Subject To Contractual Arbitration Clause Requiring All Claims To Be Arbitrated In The Philippines
- COURT GRANTS PRO SE PLAINTIFF'S VENUE TRANSFER AFTER CASE HAD BEEN PREVIOUSLY DISMISSED
- IN A JONES ACT CASE, TOLLING OF STATUTE OF LIMITATIONS IS APPROPRIATE...
- COMPLAINT FILED IN FEDERAL COURT DISMISSED FOR LACK OF JURISDICTION WHERE SEAMEN ALLEGE VIOLATION OF OVERTIME PROVISIONS OF FAIR LABOR STANDARDS ACT (FLSA)...
- DEFENDANT MANUFACTURER'S MOTION FOR EXTENSION OF TIME TO FILE AN APPEAL GRANTED IN HORIZON CRUISES LEGIONNAIRE'S DISEASE CASES
- DEFENDANT MANUFACTURER'S MOTION FOR EXTENSION OF TIME TO FILE AN APPEAL GRANTED IN HORIZON CRUISES LEGIONNAIRE'S DISEASE CASES
- SEAMAN'S MOTION FOR LEAVE TO AMEND COMPLAINT TO ADD EMPLOYER'S REINSURER AS DEFENDANT IN NEGLIGENCE CLAIM DENIED WHEN BROUGHT AFTER EXPIRATION OF THREE YEAR STATUTE OF LIMITATIONS
- SEAMAN'S MOTION FOR LEAVE TO AMEND COMPLAINT TO ADD EMPLOYER'S REINSURER AS DEFENDANT IN NEGLIGENCE CLAIM DENIED WHEN BROUGHT AFTER EXPIRATION OF THREE YEAR STATUTE OF LIMITATIONS
- SUMMARY JUDGMENT GRANTED FOR CRUISE LINE WHERE DEATH OF PASSENGER ALLEGEDLY CAUSED BY MALPRACTICE OF INDEPENDENTLY CONTRACTED DOCTOR AND NURSE
- SUMMARY JUDGMENT GRANTED FOR CRUISE LINE WHERE DEATH OF PASSENGER ALLEGEDLY CAUSED BY MALPRACTICE OF INDEPENDENTLY CONTRACTED DOCTOR AND NURSE
- SUMMARY JUDGMENT GRANTED FOR CRUISE LINE WHERE DEATH OF PASSENGER ALLEGEDLY CAUSED BY MALPRACTICE OF INDEPENDENTLY CONTRACTED DOCTOR AND NURSE
- MAINTENANCE AND CURE NOT AVAILABLE FOR SEAMAN WHO CONTRACTS HIV THROUGH SEXUAL ACTIVITY - SUMMARY JUDGMENT GRANTED FOR CRUISE LINE AND AGAINST SEAMAN
- MAINTENANCE AND CURE NOT AVAILABLE FOR SEAMAN WHO CONTRACTS HIV THROUGH SEXUAL ACTIVITY - SUMMARY JUDGMENT GRANTED FOR CRUISE LINE AND AGAINST SEAMAN
- SUMMARY JUDGMENT ON LIABILITY FOR JONES ACT SEAMAN GRANTED AGAINST EMPLOYER WHEN PLATFORM ABOARD VESSEL COLLAPSED - NO COMPARATIVE NEGLIGENCE DESPITE SEAMAN'S DUTY, AS LEAD OPERATOR, TO INSPECT, MAINTAIN, AND REPAIR EQUIPMENT
- SUMMARY JUDGMENT ON LIABILITY FOR JONES ACT SEAMAN GRANTED AGAINST EMPLOYER WHEN PLATFORM ABOARD VESSEL COLLAPSED - NO COMPARATIVE NEGLIGENCE DESPITE SEAMAN'S DUTY, AS LEAD OPERATOR, TO INSPECT, MAINTAIN, AND REPAIR EQUIPMENT
- ELEVENTH CIRCUIT HOLDS THAT FEDERAL FORUM NON CONVENIENS LAW TRUMPS FLORIDA FORUM NON CONVENIENS LAW IN DIVERSITY CASES WHERE THERE IS A FEDERAL COUNERVAILING INTEREST AT STAKE...
- A JONES ACT SEAMAN WHO FAILS TO DISCLOSE PRIOR INJURIES TO HIS EMPLOYER IS BARRED FROM MAKING A CLAIM FOR MAINTENANCE AND CURE FOR THE SAME INJURIES IN A SUBSEQUENT ACCIDENT.
- A JONES ACT SEAMAN WHO FAILS TO DISCLOSE PRIOR INJURIES TO HIS EMPLOYER IS BARRED FROM MAKING A CLAIM FOR MAINTENANCE AND CURE FOR THE SAME INJURIES IN A SUBSEQUENT ACCIDENT.
- COURT'S RULING ON JONES ACT CLAIM AFFIRMED DESPITE EMPLOYER'S MOTION TO RECUSE THE TRIAL JUDGE BECAUSE HE AND THE SEAMAN'S COUNSEL WERE FRIENDS...
- COURT'S RULING ON JONES ACT CLAIM AFFIRMED DESPITE EMPLOYER'S MOTION TO RECUSE THE TRIAL JUDGE BECAUSE HE AND THE SEAMAN'S COUNSEL WERE FRIENDS...
- JONES ACT SEAMAN WHO HAD SUMMARY JUDGMENT GRANTED AGAINST THEM IN LOUISIANA STATE COURT FOR FAILURE TO BRING SUIT IN FOREIGN JURISDICTION AND THEN WHO REFILED IDENTICAL CLAIMS IN FEDERAL COURT IN LOUISIANA ARE BARED FROM DOING SO PURSUANT TO RES JUDICATA
- INJURED BOAT PASSENGERS CLAIMS OF NEGLIGENT REPAIR, MAINTENANCE, BREACH OF CONTRACT AND BREACH OF WARRANTIES DISMISSED AGAINST THE SELLER OF THE BOAT; HOWEVER, PASSENGERS' CLAIM OF NEGLIGENT FAILURE TO WARN AGAINST SELLER SURVIVES MOTION TO DISMISS.
- FILIPINO SEAMAN'S JONES ACT CLAIMS DISMISSED PURSUANT TO A POEA (PHILIPPINES OVERSEAS EMPLOYMENT AGENCY) FORUM SELECTION CLAUSE IN HIS EMPLOYMENT CONTRACT WHICH SETS FORTH EXCLUSIVE JURISDICTION FOR SUCH CLAIMS IN THE PHILIPPINES
- DOCKWORKER WHO SPENT OVER HALF OF HIS TIME OVER A FIVE MONTH PERIOD ABOARD A BARGE TIED TO A PIER BUT SPENT THAT TIME MAKING REPAIRS TO THE PIER WAS NOT A SEAMAN FOR JONES ACT PURPOSES.
- LAND BASED DUMP-FOREMAN WHO WAS PERMANENTLY ASSIGNED TO A DREDGE BUT WHO ONLY SPENT 10 PERCENT OF HIS TIME ABOARD SUCH DREDGE WAS NOT A SEAMAN FOR JONES ACT PURPOSES.
- GRANT ROSCOE VERSUS BRITISH-BORNEO USA, INC...
- CONTRACT BETWEEN DRILLING RIG OPERATOR AND SEAMAN'S EMPLOYER WHICH INDEMNIFIES THE OPERATOR FOR ITS FAULT IS UNENFORCEABLE UNDER LOUISIANA LAW BUT IS ENFORCEABLE UNDER MARITIME LAW
- EMPLOYER'S MOTION FOR SUMMARY JUDGMENT ON JONES ACT NEGLIGENCE DENIED WHERE SEAMAN...
- CREW MEMBER'S CLAIM FOR BREACH OF CONTRACT AGAINST VESSEL OWNER SUCCESSFUL WHERE VESSEL OWNER TERMINATED CREW MEMBER WITHOUT EITHER PERMITTING HIM TO WORK DURING THE CONTRACT'S "NOTICE PERIOD" OR PAYING HIM FOR SUCH PERIOD OF TIME.
- CREW MEMBER'S CLAIM FOR BREACH OF CONTRACT AGAINST VESSEL OWNER SUCCESSFUL WHERE VESSEL OWNER TERMINATED CREW MEMBER WITHOUT EITHER PERMITTING HIM TO WORK DURING THE CONTRACT'S "NOTICE PERIOD" OR PAYING HIM FOR SUCH PERIOD OF TIME.
- SEAMAN'S AWARD FOR PAST AND FUTURE MAINTENANCE VACATED WHERE SEAMAN HAD NOT YET REACHED MAXIMUM MEDICAL CURE AND JURY COULD NOT ACCOUNT FOR POSSIBILITY OF REACHING MAXIMUM MEDICAL CURE PRIOR TO THE END OF SEAMAN'S ESTIMATED WORKING LIFE.
- SEAMAN'S AWARD FOR PAST AND FUTURE MAINTENANCE VACATED WHERE SEAMAN HAD NOT YET REACHED MAXIMUM MEDICAL CURE AND JURY COULD NOT ACCOUNT FOR POSSIBILITY OF REACHING MAXIMUM MEDICAL CURE PRIOR TO THE END OF SEAMAN'S ESTIMATED WORKING LIFE.
- SUMMARY JUDGMENT ON JONES ACT NEGLIGENCE, UNSEAWORTHINESS, AND MAINTENANCE AND CURE DENIED WHERE SEAMAN AND EMPLOYER PRESENT DIFFERING TESTIMONY AS TO HOW ACCIDENT OCCURRED.
- SEAMAN'S JONES ACT CLAIM SUCCESSFUL BUT UNSEAWORTHINESS CLAIM UNSUCCESSFUL WHERE CREW MEMBER NEGLIGENTLY HEAVED A LINE INJURING SEAMAN
- SEAMAN'S JONES ACT CLAIM SUCCESSFUL BUT UNSEAWORTHINESS CLAIM UNSUCCESSFUL WHERE CREW MEMBER NEGLIGENTLY HEAVED A LINE INJURING SEAMAN
- WIDOW RECOVERS ACCIDENTAL DEATH BENEFITS UNDER TRAVEL INSURANCE POLICY WHERE PASSENGER DIED WHILE ATTEMPTING TO RE-BOARD A SCUBA DIVING BOAT...
- WIDOW RECOVERS ACCIDENTAL DEATH BENEFITS UNDER TRAVEL INSURANCE POLICY WHERE PASSENGER DIED WHILE ATTEMPTING TO RE-BOARD A SCUBA DIVING BOAT...
- VENUE HELD PROPER WHERE DEFENDANT CRUISE LINE HAS AGENTS OR OTHER REPRESENTATIVES WITHIN THE COURT'S JURISDICTION
- CRUISE LINE STAYS EXECUTION OF JUDGMENT PENDING APPEAL WITHOUT POSTING A BOND BUT PROVIDING A LETTER OF UNDERTAKING BY P&I CLUB, OVER OBJECTION OF PLAINTIFF
- CRUISE LINE STAYS EXECUTION OF JUDGMENT PENDING APPEAL WITHOUT POSTING A BOND BUT PROVIDING A LETTER OF UNDERTAKING BY P&I CLUB, OVER OBJECTION OF PLAINTIFF
- CRUISE LINE STAYS EXECUTION OF JUDGMENT PENDING APPEAL WITHOUT POSTING A BOND BUT PROVIDING A LETTER OF UNDERTAKING BY P&I CLUB, OVER OBJECTION OF PLAINTIFF
- NINTH CIRCUIT REVERSES DISTRICT COURT FINDING OF UNSEAWORTHINESS FOR CREWMEMBERS UNPROVOKED KNIFE ATTACK ON ANOTHER CREWMEMBER
- UNSEAWORTHINESS DENIED AND INJURED SEAMAN FOUND 75% COMPARATIVELY NEGLIGENT FOR INJURY SUSTAINED WHERE SEAMAN CLAIMED SHIP'S CAPTAIN MADE HIM WORK IN DARK AND REFUSED TO PROVIDE HIM A FLASHLIGHT, SHIP'S CAPTAIN'S RACIST STATEMENTS TO SEAMAN...
- SEAMAN'S VERDICT AGAINST EMPLOYER VACATED AND JONES ACT CASE DISMISSED WHERE COURT HELD NO SUBJECT MATTER JURISDICTION OVER PHILIPPINE SEAMAN EMPLOYED BY A GERMAN NATIONAL ON A GERMAN FLAGGED VESSEL SUFFERED AN INJURY IN JAMAICA, DESPITE THE FACT THAT THE
- DOHSA HELD TO APPLY TO AIRLINE INCIDENT IN FOREIGN TERRITORIAL WATERS SO AS TO PRECLUDE PUNITIVE DAMAGE RECOVERY
- DOHSA HELD TO APPLY TO AIRLINE INCIDENT IN FOREIGN TERRITORIAL WATERS SO AS TO PRECLUDE PUNITIVE DAMAGE RECOVERY
- SEAMAN'S EMPLOYER HELD NOT TO HAVE SUFFICIENT CONTACTS WITH STATE FROM WHERE EMPLOYER HIRED SEAMAN TO SUPPORT PERSONAL JURISDICTION AGAINST EMPLOYER DESPITE ARBITRATING THE CASE THERE AND NEGOTIATING WITH A HIRING AGENT THERE.
- SEAMAN'S EMPLOYER HELD NOT TO HAVE SUFFICIENT CONTACTS WITH STATE FROM WHERE EMPLOYER HIRED SEAMAN TO SUPPORT PERSONAL JURISDICTION AGAINST EMPLOYER DESPITE ARBITRATING THE CASE THERE AND NEGOTIATING WITH A HIRING AGENT THERE.
- SEAMAN'S EMPLOYER HELD NOT TO HAVE SUFFICIENT CONTACTS WITH STATE FROM WHERE EMPLOYER HIRED SEAMAN TO SUPPORT PERSONAL JURISDICTION AGAINST EMPLOYER DESPITE ARBITRATING THE CASE THERE AND NEGOTIATING WITH A HIRING AGENT THERE.
- SEAMAN'S EMPLOYER HELD NOT TO HAVE SUFFICIENT CONTACTS WITH STATE FROM WHERE EMPLOYER HIRED SEAMAN TO SUPPORT PERSONAL JURISDICTION AGAINST EMPLOYER DESPITE ARBITRATING THE CASE THERE AND NEGOTIATING WITH A HIRING AGENT THERE.
- JUDGMENT NOTHWITHSTANDING THE VERDICT ENTERED IN FAVOR OF TUGBOAT OPERATOR WHERE SHIPOWNER NOT FOUND NEGLIGENT BUT SHIP FOUND UNSEAWORTHY FOR HAVING AN ICY DECK...
- WIDOW AND MINOR CHILDREN OF DECEASED SEAMAN AWARDED PRE-DEATH PAIN AND SUFFERING, FUTURE LOSS OF EARNINGS, HOUSEHOLD SERVICES, AND LOSS OF GUIDANCE AND SUPPORT WHERE SHIPOWNER FAILED TO PROVIDE PROMPT, PROPER, AND ADEQUATE MEDICAL TREATMENT FOR BACTERIAL
- TRIAL COURT'S FAILURE TO CHARGE JURY THAT A BARGE WORKER'S NEGLIGENCE AND UNSEAWORTHINESS CLAIMS WERE NOT DEPENDENT ON HER STATUS AS A "SEAMAN" UNDER THE JONES ACT REVERSED AND REMANDED FOR NEW TRIAL
- SHIPOWNER'S MOTION TO DISMISS SEAMAN'S INJURY ACTION AND CLAIM FOR MAINTENANCE AND CURE GRANTED...
- SEAMAN'S PETITION TO COMPEL HIS EMPLOYER TO PAY FOR PSYCHOLOGICAL COUNSELING AS PART OF THEIR CURE OBLIGATION WAS DENIED...
- SUMMARY JUDGMENT IN FAVOR OF SHIPOWNER AND AGAINST SEAMAN ON JONES ACT NEGLIGENCE AND UNSEAWORTHINESS AFFIRMED...
- VESSEL OWNER SANCTIONED FOR REFUSING TO ALLOW OSHA TO BOARD VESSEL TO INSPECT WORK AREAS OF SHIPYARD EMPLOYEES - COAST GUARD AUTHORITY OVER REGULATING SAFETY OF SEAMAN'S WORK PLACE DID NOT DISPLACE OSHA AUTHORITY TO INSPECT AREAS OF VESSEL...
- COURT AFFIRMS JURY VERDICT FOR SHIPOWNER ON UNSEAWORTHINESS WHERE AN ENGINE SURGE CAUSED THE CAPTAIN OF THE VESSEL TO FALL OUT OF THE VESSEL AND SUFFER INJURIES...
- SEAMAN FOUND 50% COMPARATIVELY NEGLIGENT FOR LIFTING AND CARRYING A VALVE WHILE ON LIGHT DUTY
- SEAMANS' WAGE CLAIMS HELD EXEMPT FROM FAIR LABOR STANDARDS ACT AND SIX-MONTH LIMITATION PERIOD FOR IN REM ACTIONS PLACED IN SEAMAN'S EMPLOYMENT CONTRACT HELD VOID WHERE SHIPS' MASTERS' DID NOT SIGN THE CONTRACT
- VESSEL OWNER'S MOTION TO DISMISS SEAMAN'S WAGE PENALTY CLAIM DENIED EVEN WHERE VESSEL OWNER BAREBOAT CHARTERED VESSEL TO ANOTHER COMPANY
- SUMMARY JUDGMENT ON SEAMAN STATUS REVERSED WHERE A JURY COULD HAVE CONCLUDED THAT WORKER SPENT OVER 30% OF HIS WORK TIME ABOARD VESSELS AND/OR THAT HIS WORK ABOARD VESSELS EXPOSED HIM TO MARITIME HAZARDS
- VERDICT FOR INJURED JONES ACT SEAMAN ON LIGHT DUTY STATUS MADE TO PERFORM HEAVY MANUAL LABOR IN CLUTTERED AND NARROW WORK SPACE CAUSING HIM TO FALL FURTHER INJURING HIS BACK
- FEDERAL COURT LIFTS STAY ON JONES ACT STATE COURT PROCEEDINGS AFTER SHIPOWNER FILED LIMITATION PROCEEDING WHERE THE SEAMAN STIPULATED THE LIMITATION PROCEEDING BE HELD IN ABEYANCE PENDING THE RESOLUTION OF THE STATE COURT ACTION
- SUMMARY JUDGMENT AGAINST JONES ACT SEAMAN DENIED...
- PETITION FOR EXONERATION FROM OR LIMITATION OF LIABILITY DENIED WHERE CAPTAIN OVERLOADED VESSEL IN PREDICTABLY ROUGH SEAS
- COURT HOLDS STATE WAGE STATUTE INAPPLICABLE TO CREWMEMBERS ON FOREIGN FLAG VESSEL
- CONTRACTUAL STATUTE OF LIMITATION OF ONE YEAR NOT ENFORCEABLE WHERE PASSENGER PROVIDED INSUFFICIENT NOTICE THAT THE PASSENGER TICKET CONTAINED IMPORTANT CONTRACTUAL LIMITATIONS
- EMPLOYEE WHO HAD WORKED FOR EMPLOYER FOR SEVERAL YEARS AS SEAMAN BUT WHO WAS TRANSFERED...
- FIVE BILLION DOLLAR PUNITIVE DAMAGE AWARD AGAINST EXXON FOR VALDEZ OIL SPILL VACATED AND CASE REMANDED TO DETERMINE LOWER PUNITIVE DAMAGE AWARD AND WHETHER CERTAIN CLAIMANTS WERE LIMITED TO PURELY ECONOMIC DAMAGES
- SETTLEMENT OF PORT CHARGES CLASS ACTION APPROVED BY COURT
- ROYAL CARIBBEAN CRUISES FORUM SELECTION CLAUSE, SELECTING MIAMI, FLORIDA, UPHELD BY COURT
- ROYAL CARIBBEAN CRUISES FORUM SELECTION CLAUSE, SELECTING MIAMI, FLORIDA, UPHELD BY COURT
- SUMMARY JUDGMENT GRANTED AGAINST JONES ACT SEAMAN WHERE SEAMAN DID NOT ESTABLISH MOVING HEAVY GARBAGE IS A TWO PERSON JOB AND CREW INCOMPETENCE
- SUMMARY JUDGMENT GRANTED AGAINST JONES ACT SEAMAN WHERE SEAMAN DID NOT ESTABLISH MOVING HEAVY GARBAGE IS A TWO PERSON JOB AND CREW INCOMPETENCE
- NEW TRIAL GRANTED WHERE DIRECTED VERDICT ENTERED AGAINST A PASSENGER CLAIM THAT SHE WAS STRUCK BY A MOORING LINE WHILE SITTING ON A DECK OF THE SHIP
- FORUM SELECTION CLAUSE HELD TO VIOLATE PUBLIC POLICY UNDERLYING THE GENERAL MARITIME LAW AND THE JONES ACT
- SEAMAN'S MOTION TO REMAND JONES ACT CASE TO STATE COURT GRANTED...
- WHERE LIMITATION OF LIABILITY FILED BY SHIPOWNER
- WHERE LIMITATION OF LIABILITY FILED BY SHIPOWNER
- CLASS ACTION UNDER THE AMERICANS WITH DISABILITIES ACT AGAINST TWO MAJOR CRUISE LINES SETTLED REQUIRING THE CRUISE LINES TO MAKE MAJOR SHIPBOARD MODIFICATIONS - SETTLEMENT APPROVED BY COURT
- MAINTENANCE WORKER HELD NOT TO BE A JONES ACT SEAMAN BECAUSE HE COULD NOT SHOW THAT HE SPENT AT LEAST 30% OF HIS TIME WORKING ON A VESSEL OR A FLEET OF VESSELS UNDER COMMON OWNERSHIP AND CONTROL
- SHIPOWNERS REQUEST FOR MEDICAL EXAM OF SEAMAN FOR PURPOSES OF A SECOND OPINION DID NOT MEET THE REQUIREMENTS OF A DEFENDANT'S MEDICAL EXAM...
- SHIP OWNER NOT NEGLIGENT FOR REQUIRING SEAMAN TO LIFT 31-POUND MOTOR
- FOREIGN LAW APPLIED IN U.S. LIMITATION PROCEEDING TO DETERMINE SEAMAN'S DAMAGES.
- SUMMARY JUDGEMENT FOR SHIP OWNER UP HELD AS SEAMAN HAD NOT SHOWN THAT MEDICAL MONITORING WAS NECESSARY
- JONES ACT APPLIED ON LAND TO SEAMAN ATTENDING TRAINING PROGRAM WHO SLIPPED ON ICY PARKING LOT AT FACILITY NOT OWNED OR OPERATED BY SHIP OWNER
- FEDERAL BOAT SAFETY ACT PREEMPTS COMMON LAW CLAIMS FOR FAILURE TO INSTALL PROPELLER GUARDS
- DAMAGES FOR LEGIONAIRES DISEASE EXCESSIVE. ISSUE OF LOSS OF SOCIETY STILL UNDECIDED
- CRUISE SHIP PASSENGER SUBJECT TO PASSENGER TICKET EVEN WHEN INJURED ON LAND
- PERSONAL CONTRACT ACTION IS AN EXCEPTION TO LIMITATION OF LIABILITY ACTION
- MOTION IN LIMINIE GRANTED AS TO SEAMAN'S EMAIL TO HIS ATTORNEY THAT WAS PRODUCED BY ACCIDENT.
- MOTION IN LIMINIE GRANTED AS TO SEAMAN'S EMAIL TO HIS ATTORNEY THAT WAS PRODUCED BY ACCIDENT.
- SERVICE OF PROCESS BY CERTIFIED MAIL AND BY HAND DELIVERY UPHELD.
- UPON PROPER STIPULATION U.S. DISTRICT COURT SHOULD DISSOLVE INJUNCTION IN LIMITATION PROCEEDING.
- SERVICE OF PROCESS ON COSTA CRUISE LINES RELATED ENTITIES INSUFFICIENT.
- ON POST TRIAL MOTIONS VERDICT OF $350,000 FOR PAST PAIN AND SUFFERING FOR LEGIONNAIRES DISEASE UPHELD BUT $100,000 AWARD TO SPOUSE REMITTED TO $25,000. ISSUE OF AVAILABILITY OF LOSS OF SOCIETY IN ADMIRALTY NOT DECIDED.
- PRIMARY DUTY INSTRUCTION NOT PREJUDICIAL SINCE JURY FOUND VESSEL SEAWORTHY
- SEAMAN'S CLAIM OF RACIAL DISCRIMINATION LEADING TO HIS TERMINATION DISMISSED SINCE PERSON TERMINATING PLAINTIFF NOT SHOWN TO HAVE ACTED IN VIOLATION OF STATUTE EVEN THOUGH CAPTAIN HAD USED A RACIAL SLUR.
- JACKED-UP OIL RIG TEMPORARILY ATTACHED TO SEABED WAS STILL A VESSEL SO AS TO REQUIRE THE APPLICATION OF FEDERAL MARITIME LAW.
- MAINTENANCE INCREASED TO AN AMOUNT IN EXCESS OF AMOUNT SET OUT IN COLLECTIVE BARGAINING AGREEMENT.
- TRIAL COURTS USE OF STATE CONTRIBUTORY NEGLIGENCE INSTEAD OF ADMIRALTY COMPARITIVE NEGLIGENCE HARMLESS IN LIGHT OF TRIAL COURT'S FINDING THAT SEAMAN'S INABILITY TO CLIMB OR HOLD ONTO A ROPE LADDER WAS THE SOLE CAUSE OF THE ACCIDENT.
- CASE REMANDED TO TRIAL COURT TO SEPARATE PAST DAMAGES FROM FUTURE DAMAGES AND ONLY AWARD PREJUDGMENT INTEREST ON THE PAST AMOUNTS.
- SUMMARY JUDGEMENT REVERSED FOR VESSEL OWNER ON CLAIM FOR INJURY CAUSED BY SLIP ON A WET FOOTREST AS ISSUE OF UNSEAWORHTINESS AND NEGLIGENCE WERE FOR THE JURY TO DECIDE
- MAINTENANCE AND CURE ADVISE BY LOUISIANA ATTORNEY NOT SUFFICIENT TO ALLOW DIRECT ACTION AGAINST P&I CLUB
- APPELLATE COURT REMANDED CASE TO TRIAL COURT TO DETERMINE IF PORTION OF RIVER WHERE THE ACCIDENT OCCURRED WAS NAVIGABLE EVEN THOUGH PARTIES STIPULATED THAT THE BOAT CRUISED ON A NAVIGABLE WATERWAY
- APPELLATE COURT REMANDED CASE TO TRIAL COURT TO DETERMINE IF PORTION OF RIVER WHERE THE ACCIDENT OCCURRED WAS NAVIGABLE EVEN THOUGH PARTIES STIPULATED THAT THE BOAT CRUISED ON A NAVIGABLE WATERWAY
- APPELLATE COURT REMANDED CASE TO TRIAL COURT TO DETERMINE IF PORTION OF RIVER WHERE THE ACCIDENT OCCURRED WAS NAVIGABLE EVEN THOUGH PARTIES STIPULATED THAT THE BOAT CRUISED ON A NAVIGABLE WATERWAY
- MARITIME CAUSE OF ACTION FOR NEGLIGENCE WITH RESPECT TO NON SEAMAN DEATH IN TERRITORIAL WATERS.
- FAILURE TO FILE TIMELY CLAIMS IN BANKRUPTCY BARRED SEAMANS CLAIMS
- FACT ISSUE OF WHETHER VESSEL WAS IN NAVIGATION REQUIRED REVERSAL OF SUMMARY JUDGEMENT FOR EMPLOYER THAT JONES ACT AND GENERAL MARITIME LAW DID NOT APPLY
- DEFENDANT'S ATTORNEY NOT DISQUALIFIED FOR HAVING AN EX PARTE CONVERSATION WITH PLAINTIFF'S EXPERT
- SUMMARY JUDGEMENT FOR SEAMAN GRANTED ON MAINTENANCE AND CURE
- A SEAMAN MAY NOT BE HELD CONTRIBUTORILY NEGLIGENT FOR CARRYING OUT ORDERS THAT RESULT IN INJURY , EVEN IF THE SEAMAN RECOGNIZES POSSIBLE DANGER AND DOES NOT DELAY TO CONSIDER A SAFER ALTERNATIVE
- JURY VERDICT AGAINST SEAMAN ON MAINTENANCE AND CURE AS WELL AS JONES ACT NEGLIGENCE IS AFFIRMED.
- 15. ERROR FOR COURT TO RESTRICT THE ENFORCEMENT OF COST JUDGEMENT AGAINST SEAMAN
- 14. BURDEN OF PROOF ON SHIPOWNER TO PROVE UNEQUIVOCALLY THAT SEAMAN DID NOT NEED SURGERY WHERE TWO DOCTORS HAD A DIFFERENCE OF OPINION ON THE NEED FOR SURGERY.
- INSURER ADDED TO SEAMAN'S JUDGEMENT
- 12. NEGLIGENT ADMINISTRATION OF DRUG TEST THAT RESULTS IN A FALSE POSITIVE RESULTING IN TERMINATION OF SEAMAN'S EMPLOYMENT DOES NOT GIVE RISE TO AN UNSEAWORHTINESS CLAIM
- VESSELS SECOND VOYAGE THE DAY AFTER PLAINTIFF'S INJURY NEGATED THE SUGGESTION THAT VESSEL WAS STILL UNDER CONSTRUCTION SO AS TO PRECLUDE SUMMARY JUDGEMENT AS TO PLAINTIFF NOT BEING A SEAMAN
- SEA CAPTAIN RECOVERS $770,190.33 FOR OPERATED HERNIATED DISC PLUS INTEREST
- UNSEAWORHTINESS JUDGEMENT FOR SEAMAN WHO TRIPPED OVER COAMING IN DOOR WAY THAT DID NOT HAVE A HAND HOLD REVERSED
- JUDGEMENT FOR SHIPOWNER REVERSED BASED ON FAILURE TO PROVIDE ADEQUATE SAFETY MEASURES FOR SEAMAN
- SUMMARY JUDGEMENT FOR SHIPOWNER BASED ON A SEAMAN'S RELEASE REVERSED
- ONE YEAR TICKET LIMITATION FOR FILING SUIT UPHELD AGAINST INJURED PASSENGER
- FORUM SELECTION CLAUSE ENFORCED AGAINST GREEK SEAMAN EVEN THOUGH TREATED IN LOUISIANA HOSPITAL PRIOR TO DEATH
- TRIAL COURT ERRED IN NOT ALLOWING EVIDENCE OF PASSENGERS FAILURE TO INFORM DIVE PROGRAM ABOUT ASTHMA CONDITION EVEN THOUGH CASE WENT TO THE JURY ON ISSUE OF VACARIOUS LIABILITY ONLY
- ACTION FOR NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS BASED ON INJURY TO ANOTHER REQUIRES NEARNESS TO THE ACCIDENT SCENE UNDER MARITME LAW
- SHIPOWNER OWES DUTY OF REASONABLE CARE TO PILOT WHO WAS A BUSINESS VISITOR.
- STAY GRANTED BY APPEALS COURT FOR PREMIER BANKRUPTCY EVEN THOUGH SHIPPING COMPANY WAS THE APPELLANT
- IN ACTION AGAINST CRUISE LINE, SEXUALLY ASSAULTED INCOMPETENT HAD THREE YEARS FROM THE DATE OF THE ASSAULT TO HAVE A GUARDIAN APPOINTED AND THE STATUTE OF LIMITATIONS RAN FROM THE DATE OF APPOINTMENT OF THE GUARDIAN
- SHIPOWNER GRANTED SUMMARY JUDGMENT WHERE PLAINTIFFS FAIL TO HAVE AFFIDAVIT OF EXPERT ON CAUSATION OF RESPIRATORY DISEASE FOR NUMEROUS PASSENGERS IN SPITE OF STATISTICALLY LARGE NUMBER OF PASSENGERS THAT CAME DOWN WITH THE DISEASE.
- AFFIDAVIT OF MARINE EXPERT EXCLUDED BASED ON EXPERT'S FAILURE TO RELY ON SUFFICIENT FACTS RELATED TO INCIDENT EVEN THOUGH EXPERT WAS QUALIFIED IN THE MARINE FIELD
- A) MUST PLEAD PUNITIVE DAMAGES IF BEING SOUGHT. B)MAINTENANCE RATE OF $8 UNDER COLLECTIVE BARGAINING AGREEMENT UPHELD.
- JUDGES PRIOR COMMENTS ABOUT CRUISE LINES TACTICS IN SEXUAL ASSAULT CASES DID NOT DISQUALIFY HER FROM HEARING NON SEXUAL ASSAULT CASES AGAINST THE CRUISE LINES
- STUCK LOADING VALVE RENDERED VESSEL UNSEAWORTHY. SEAMAN 50% AT FAULT
- COAST GUARD LIABLE FOR NEGLIGENT RESCUE WHEN THEY FAILED TO CONDUCT A SEARCH AND RELIED ON REPORTS FROM A PRIVATE BOAT.
- 18 MONTH TIME PERIOD BETWEEN ACCIDENT AND FIRING OF FERRY CAPTAIN DID NOT ESTABLISH A CAUSAL CONNECTION TO SUPPORT RETALIATORY DISCHARGE CLAIM
- A)BURDEN OF PROVING CAUSATION UNDER JONES ACT IS LIGHTER. B)SET OFF FOR EMPLOYER PROVIDED HEALTH INSURANCE BENEFITS AGAINST MAINTENANCE AND CURE ALLOWED TO EXTENT PLAINTIFF NOT REQUIRED TO PROVIDE REIMBURSEMENT TO HEALTH INSUROR.
- STAIRWELL ON SHIP WITHOUT NON SKID STEPS AND NON SKID HANDRAIL RENDERED VESSEL UNSEAWORHTY
- TWO YEAR STATUTE OF LIMITATION UNDER SUITS IN ADMIRALTY ACT REQUIRES STRICT COMPLIANCE
- NO CLAIM UNDER JONES ACT IN THE ABSENCE OF A PHYSICAL INJURY.
- FORUM SELECTION CLAUSE IN CRUISE LINE TICKET ENFORCED AND COMPLAINT DISMISSED.
- SHIPOWNER'S COMPLAINT FOR DECLARATORY DECREE AS TO MAINTENANCE AND CURE IN FEDERAL COURT PROPERLY BROUGHT IN STATE WHERE SEAMAN RESIDED...
- IN SEAMAN'S CLAIM BURDENON DEFENDANT TO PROVE PROPER PRODUCTION OF VIDEOTAPE DURING DISCOVERY WHERE PLAINTIFF AND DEFENDANT DISAGREE AS TO WHETHER OR NOT THE VIDEOTAPE WAS PRODUCED
- SUMMARY JUDGMENT AGAINST WATER TAXI SERVICE GRANTED WHERE STATUTORY VIOLATION OF NAVIGATION LAW STATUTE
- MAINTENANCE INCLUDES FULL AMOUNT OF SEAMAN'S MORTGAGE WITHOUT PRORATION WITH OTHER FAMILLY MEMBERS
- WHERE SEAMAN STIPULATES THAT STATE ACTION WON'T EXCEED VALUE OF VESSEL AND THAT RES JUDICATA WAIVED, TRIAL COURT HAD DISCRETION TO DISSOLVE INJUNCTION AND ALLOW STATE COURT ACTION TO PROCEED EVEN THOUGH SEAMAN DID NOT ASK FOR JURY TRIAL IN STATE COURT
- VENUE IN JONES ACT SUIT IS PROPER WHEREVER COURT HAS JURISDICTION OVER THE DEFENDANT.
- SEAMAN ENTITLED TO SEVER MAINTENANCE AND CURE CLAIM AND SEEK EXPEDITED TRIAL.
- SHIPOWNERS ACTION FOR DECLARATORY DECREE IN FEDERAL COURT DISMISSED SO AS TO NOT DEPRIVE SEAMAN OF ABILITY TO PICK FORUM FOR JONES ACT, GENERAL MARITIME LAW, AND MAINTENANCE AND CURE CLAIMS.
- SEAMAN'S EMPLOYER ENTITLED TO COPY OF WITNESS STATEMENT OBTAINED BY SEAMAN'S ATTORNEY OF PLAINTIFF'S SUPERVISOR. PLAINTIFF PRECLUDED FROM TAKING FURTHER EXPARTE STATEMENTS.
- LAND BASED CONSTRUCTION WORK ON A DERRICK DID NOT SUPPORT JONES ACT SEAMAN STATUS. OTHER CLAIMS UNDER LONGSHORE HARBOR WORKERS ACT AND SIERACKI SEAMAN DOCTRINE REMAIN PENDING FURTHER BRIEFING.
- WRONGFUL DEATH CASE DISMISSED SINCE VESSEL DID NOT COME TO THE UNITED STATES EVEN THOUGH VESSEL OWNERS BASE OF OPERATIONS WAS IN THE UNITED STATES AND VESSEL OWNER WAS A UNITED STATES CITIZEN.
- JONES ACT AND FELA DO NOT ALLOW CLAIMS FOR FUTURE POSSIBLE BUT UNREALIZED INJURIES.
- SUMMARY JUDGMENT GRANTED AS TO SEAMAN'S CLAIMS ARISING OUT OF CLAIMED HARASSMENT ON THE VESSEL.
- SEAMAN'S SETTLEMENT MADE DURING 3 1/2 HOUR CONFERENCE WITH FEDERAL MAGISTRATE ENFORCED EVEN THOUGH SEAMAN BELIEVED HE HAD 48 HOURS TO REVOKE THE SETTLEMENT.
- SHIPOWNERS DECISION TO PUT SEAMAN ASHORE FOR MEDICAL CARE COULD SUPPORT NEGLIGENCE CLAIM BUT NOT UNSEAWORTHINESS.
- SEAMAN'S RECEIPT OF DISABILITY UNDER COLLECTIVE BARGAINING AGREEMENT RATIFIES IT APPLICABILITY SO AS TO REQUIRE SUIT IN NORWAY OR POLAND.
- CARNIVAL CRUISE LINE FORUM SELECTION CLAUSE UPHELD.
- FRAUDULENT JOINDER OF DEFENDANT DOES NOT DESTROY DIVERSITY SO AS TO REQUIRE REMAND TO STATE COURT. FAILURE TO REQUEST REMAND AFTER JOINDER OF NON DIVERSE DEFENDANT WAIVES DEFECT IN REMOVAL JURISDICTION.
- SEAMAN STATUS NOT DEPENDANT ON BEING EXPOSED TO THE PERILS OF THE SEA.
- CRANE OPERATOR HELD TO BE SEAMAN EVEN THOUGH CONNECTION WITH BARGE DID NOT TAKE HIM TO SEA.
- EXERCISE OF ADMIRALTY JURISDICTION DOES NOT MEAN STATE LAW IS AUTOMATICALLY PREEMPTED.
- (A) ERROR TO ALLOW DIRECT ACTION AGAINST INSUROR OF OIL RIG; (B) ISOLATED INCIDENT OF OPERATIONAL NEGLIGENCE DID NOT RENDER VESSEL UNSEAWORTHY.
- INJURED PASSENGERS PRECLUDED FROM INTERVENING IN COVERAGE DISPUTE CASE BETWEEN INSURANCE CARRIER AND VESSEL OWNER BY REASON OF NEW YORK'S DIRECT ACTION STATUTE.
- (A)STATE COURT HAS JURISDICTION OF DOHSA CLAIM; (B) WHERE SHIPBOARD INCIDENT CONTRIBUTES TO DEATH OF PASSENGER 18 MONTHS LATER, DOHSA IS EXCLUSIVE REMEDY; (C) WORKERS COMPENSATION CARRIER'S SUBROGATION CLAIM IS DERIVATIVE AND THEREFORE IS LIMITED TO DOHSA
- LOSS OF CONSORTIUM AVAILABLE TO NONSEAMAN IN TERRITORIAL WATERS.
- CASE DISMISSED FOR FAILURE TO FILE WITHIN ONE YEAR EVEN THOUGH TICKET PURCHASED BY GROUP FOR ONE OF IT'S MEMBERS.
- RES IPSA DID NOT APPLY TO INJURY TO PASSENGER STRUCK BY PORTION OF PANEL FROM BATH TUB WHICH FELL.
- PUNITIVE DAMAGES NOT AVAILABLE IN MAINTENANCE AND CURE ACTIONS. ISSUE CERTIFIED TO FLORIDA SUPREME COURT BASED ON CONFLICT WITH THIRD DISTRICT COURT OF APPEAL.
- SAVINGS TO SUITORS ALLOWED SEPARATE ACTION TO PROCEED WHERE STIPULATION MADE THAT LIMITATION MATTERS WOULD BE DECIDED IN THE COURT WHERE LIMITATION OF LIABILITY SOUGHT.
- THE DUTY TO PROVIDE SEAMAN WITH SAFE PLACE TO WORK DID NOT EXTEND TO VESSEL OVER WHICH EMPLOYER EXERCISED NO CONTROL.
- ADMIRALTY JURISDICTION FOR FAILURE TO PROCURE MARINE INSURANCE CLAIM.
- AMENDED COMPLAINT RELATED BACK TO ORIGINAL COMPLAINT.
- COMPARITIVE NEGLIGENCE DOES NOT REDUCE AWARD OF MAINTENANCE AND CURE.
- JURY QUESTION IF DEALER ON CASINO VESSEL WAS SEAMAN.
- EXPERT TESTIMONY PROPERLY ALLOWED AS WITHIN COURT'S DISCRETION.
- SEAMAN STATUS DENIED WHERE DREDGE WAS NOT VESSEL IN NAVIGATION.
- SEAMAN STATUS DENIED WHERE DREDGE WAS NOT VESSEL IN NAVIGATION.
- CREWMEMBER ON VESSEL STUCK BY NEEDLE UNABLE TO PROVE NEEDLE HAD HEPATITIS C AND COURT RULED THAT THE PENNSYLVANIA RULE AND SENTILLES DID NOT APPLY UNDER THESE CIRCUMSTANCES.
- VENUE IMPROPER WHEN ONLY CONNECTION WITH STATE WAS PERSONAL REPRESENTATIVE.
- WELDER HELD TO BE SEAMAN.
- VALIDITY OF VIDEOTAPED SEAMAN'S RELEASE IS QUESTION OF FACT PRECLUDING SUMMARY JUDGMENT.
- UNDER THE JONES ACT THE STATUTE OF LIMITATIONS APPLYS TO EACH ASBESTOS RELATED DISEASE SEPARATELY.
- ADMIRALTY LAW GOVERNS EMPLOYER'S THIRD PARTY ACTION TO RECOVER MAINTENANCE AND CURE PAYMENTS.
- ISSUE OF FACT WHETHER BACK INJURY WAS NEW OR WAS OLD INJURY NOT REVEALED BY PLAINTIFF.
- EVEN THOUGH JONES ACT AND UNSEAWORTHINESS CLAIMS REJECTED GENERAL NEGLIGENCE CLAIM REMAINED.
- VALIDITY OF SEAMAN'S RELEASE ISSUE OF FACT.
- EMPLOYEE WHO SPENT 24.88% OF TIME ON VESSELS DID NOT QUALIFY AS SEAMAN.
- PUNITIVE DAMAGES AVAILABLE IN RELATION TO MAINTENANCE AND CURE CLAIM.
- POEA AGREEMENT FOR PHILIPPINE SEAMAN DID NOT REQUIRE SUIT BE BROUGHT IN PHILIPPINES AND FORUM NON CONVENES DID NOT APPLY WHERE SEAMAN RECEIVED EXTENSIVE MEDICAL CARE IN THE U.S.
- ACTION FOR DEATH OF SEAMAN TIME BARRED IF AT THE TIME OF THE SEAMAN'S DEATH HIS OWN CLAIM WOULD HAVE BEEN TIME BARRED.
- SUMMARY JUDGMENT FOR DEFENDANT ON MAINTENANCE CURE DENIED EVEN THOUGH SEAMAN FAILED TO SUBMIT A RESPONSE.
- ADMIRALTY LAW GOVERNED EVEN THOUGH NOT PLED AS A BASIS FOR JURISDICTION.
- ISSUE OF FACT WHETHER COCKTAIL SERVER AND BARTENDER ON A RIVERBOAT CASINO WAS A SEAMAN.
- MARINE EXPERT WITNESS TESTIMONY ALLOWED.
- MARINE EXPERT WITNESS TESTIMONY ALLOWED.
- COMPLAINT THAT IS BROUGHT UNDER DIVERSITY AND THAT ASKS FOR JURY TRIAL AND ALSO STATES THAT IT IS AN ADMIRALTY AND MARITIME CLAIM IS PROPERLY IN ADMIRALTY AND REQUEST FOR JURY TRIAL CAN BE WITHDRAWN.
- STATE COURT LAW SUIT NOT SUFFICIENT NOTICE TO OWNER TO START 6 MONTH TIME PERIOD RUNNING FOR FILING LIMITATION OF LIABILITY ACTION WHERE THE WRONG VESSEL NAMED.
- SEAMAN ORDERED TO WATCH VIDEO SHOWING WOMEN HAVING SEX WITH ANIMALS MAY BE ENTITLED TO MAINTENANCE AND CURE EVEN THOUGH SEAMAN MAY HAVE LIED ON PRE EMPLOYMENT PHYSICAL...
- Cruise Line Law Reporter
- LEEZA - Charles Lipcon on The Wardell Case vs. Royal Caribbean
- Charles Lipcon on NBC Nightly News
