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Home Jones Act Federal Circuits’ & State Decisions

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Federal Circuits' & State Decisions
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Jones Act - Federal Circuits' & State Decisions
Saturday, 09 January 2010 05:53
Case Name: Newport News Shipbuilding and Dry Dock Company v. Harry Holiday, Director, Office of Workers' Compensation Programs
Date Decided: December 29, 2009
Court: U.S Court of Appeals, Fourth Circuit
Judge: Judge Neimeyer, Judge Duncan, Judge Jones
Citation: 2009 WL 5126220 (C.A.4)

Background:
This action involved a petition for review of the Benefits Review Board (BRB). Petioner, employer, Newport News Shipbuilding and Dry Dock Company, brought this appeal for review of a final order of the BRB holding that Newport News had not provided substantial evidence to rebut a presumption of compensability that the Longshore Harbor Workers' Compensation Act, LHWCA, provided once Holiday made his prima facie case of workplace related injury. The BRB also awarded Holiday's appellate counsel $250/hour down from the requested rate of $450/hour.

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Jones Act - Federal Circuits' & State Decisions
Thursday, 07 January 2010 22:07
 

Case Name: Joseph Verga v. Rotterdam Express, et al.
Date Decided: December 1, 2009
Court: U.S.D.C. Eastern District of New York
Judge: Judge Pollack
Citation: 2009 WL 4363444 (E.D.N.Y.)

Background:
Plaintiff, Joseph Verga, brought action against defendants alleging that he suffered injuries as a result of defendants' negligent failure to inspect the vessel, known as Rotterdam Express, and provide Verga with a safe place to work.  Specifically, Verga brought this action under the Longshore Harbor Workers' Compensation Act, LHWCA, against Rotterdam Express and Hapag-Lloyd for negligence of a vessel.

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Jones Act - Federal Circuits' & State Decisions
Wednesday, 06 January 2010 13:49
Case Name: North Bank Towing Corporation, et al. v. Andrew Paul Remedies
Date Decided: December 23, 2009
Court: Court of Appeal of Louisiana, First Circuit
Judge: Judge Carter, Judge Guidry, Judge Pettigrew
Citation: 2009 WL 4983595 (La.App. 1 Cir.)

Background:
Andrew Paul Remedies (Remedies), filed a Jones Act claim against North Bank Towing Corporation. This appeal involves a counter claim, filed by North Bank, alleging a breach of a settlement agreement entered into by Remedies and North Bank.

North Bank filed this action, breach of settlement agreement, in district court seeking indemnity and defense costs resulting from Remedies's breach. Remedies filed a counterclaim for his personal injuries and a motion of summary judgment arguing an enforceable contract was not entered into.

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Jones Act - Federal Circuits' & State Decisions
Sunday, 03 January 2010 16:53
Case Name: Erzsebet Kovacs v. Carnival Corporation
Date Decided: December 21, 2009
Court: U.S.D.C. Southern District of Florida
Judge: Judge Huck
Citation: 2009 WL 4980277 (S.D.Fla.)

Background:
The matter before this Court was Plaintiff's (Kovacs), Motion to Remand. The underlying action involved whether the Court is required to use Panamanian law in arbitrating a Seaman's Wage Act claim made by the plaintiff.

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Jones Act - Federal Circuits' & State Decisions
Thursday, 31 December 2009 07:01
Case Name: Firoz P. Vesuna v. C.S.C.S. International, N.V., et al.
Date Decided: November 30, 2009
Court: U.S.D.C. Southern District of Florida
Judge: Judge Seitz
Citation: 2009 WL 4543319 (S.D.Fla.)

Background:
Plaintiff, Firoz P. Vesuna  ("Vesuna"), filed this action under the Jones Act, unseaworthiness, failure to provide maintenance and cure against defendants Catering and Services International (CSCS) a Netherlands Antilles corporation.

Defendants filed a motion to dismiss on forum non conveniens and to compel arbitration. Vesuna was employed by CSCS aboard two different cruise ship vessels. CSCS and Vesuna had entered into an employment contract where Vesuna agreed to the terms of the contract which incorporated, by reference of the terms of the Collective Bargain Agreement between CSCS and certain unions.

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