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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
Tuesday, 22 December 2009 07:18
Case Name: Richard E. Hicks v. Waterman Steamship Coporation and Maersk Line, Ltd.
Date Decided: September 16, 2009
Court: U.S.D.C. Southern District of Texas
Judge: Judge Ellison
Citation: 2009 WL 4572776 (S.D.Tex.)

Background:
Plaintiff. Richard E. Hicks ("Hicks") was a seaman, cook, aboard the US flagged containership M/V Maersk Alabama ("Maersk"). The Maersk was owned and operated by Maersk Line, Ltd. and chartered by Waterman Steamship Corporation ("Waterman"). Hicks filed this action pursuant to the Jones Act, unseaworthiness, negligence, and common law claims arising from facts/omissions, and breaches of duties owed to him as an employee and seaman.

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Jones Act - Federal Circuits' & State Decisions
Friday, 18 December 2009 19:17
Case Name: Esperanza Bonilla-Olmedo v. United States of America
Date Decided: November 12, 2009
Court: U.S.D.C. District of Puerto Rico
Judge: Judge Velez-Rive
Citation:  2009 WL 4015653 (D.Puerto Rico)

Background:
Plaintiff, Esperanza Bonilla-Olmedo ("Esperanza") filed this action as the widow of William Charles Merriweather ("Charles") who was a civilian employee with the Department of Morale in Fort Buchanan, Puerto Rico.

Espreranza claimed that Charles was the victim of harassment by his superiors who undermined his health ultimately resulting in his death.

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Jones Act - Federal Circuits' & State Decisions
Wednesday, 16 December 2009 16:25
Case Name: James D. Lee v. Astoria Generating Company L.P. et al, v. Elliot Turbomachinery Co.
Date Decided: November 23, 2009
Court: Court of Appeals of NY
Judge: Judge Jones
Citation: 2009 WL 4016121 (N.Y.)

Background:
Plaintiff, James D. Lee ("Lee") was awarded benefits under the Longeshore Harbor Worker's Compensation Act (LHWCA) as a result of injuries sustained while working for defendant Astoria Generating Company (Astoria).

Third party defendant, Elliot Turbomachinery Co. (Elliot) was hired by Astoria to perform maintenance and rebuild turbines at an electric generation facility composed of four barges that house eight individual gas turbine generating engines.

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Jones Act - Federal Circuits' & State Decisions
Tuesday, 15 December 2009 04:17
Case Name: Michael Sherwood v. Marquette Transportation Company, LLC, and Bluegrass Marine LLC.
Date Decided: November 23, 2009
Court: United States Court of Appeals Seventh Circuit
Judge: Chief Judge Easterbrook
Citation: 2009 WL 4016607

Background:
Deckhand, Micael Sherwood ("Sherwood") brought this action against his employers seeking recovery under the Jones Act and general maritime law for injuries he allegedly sustained during his employment.

Sherwood alleged he suffered an injury while working as a deckhand who's vessels travel on the Mississippi River. Sherwood has asked for arbitration.

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Jones Act - Federal Circuits' & State Decisions
Sunday, 13 December 2009 18:51
Case Name:  Birgitt Eysselinick v. Director, Office of Workers' Compensation Programs, US Dept. of Labor
Date Decided: November 12, 2009
Court: U.S.D.C. Southern District of Texas
Judge: Judge Harmon
Citation: 2009 WL 3837370 (S.D. Tex.)

Background:
This case involves the wife, Birgitt Eysselinick ("Birgitt") of a deceased defense contractor who committed suicide as a result of suffering from post-traumatic stress disorder arising from his employment. Birgitt made a claim for death benefits pursuant to the Longshore Harboer Workers' Act. ("LHWCA").

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