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5th Circuit
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Jones Act Federal Circuits' & State Decisions - 5th Circuit
Wednesday, 27 January 2010 00:03
Case Name:  Charles Cooper v. International Offshore Services, LLC, et al.
Date Decided: December 17, 2009
Court: U.S.D.C. Eastern District of Louisiana
Judge: Judge Lemmon
Citation: 2009 WL 5175216

Background:
This action, under the Longshore Harbor Workers' Compensation Act, LHWCA, arose from injuries suffered by plaintiff, Charles Cooper, while working as a seaman/crewmember aboard defendant's, International Offshore Services, vessel.

Cooper was treated for his injuries and the surgeon determined he had reached maximum medical improvement. The defendants, paid Cooper indemnity benefits of $11,000 and $19,000 in medical benefits pursuant to the LHWCA.

Last Updated on Monday, 01 March 2010 02:01
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Jones Act Federal Circuits' & State Decisions - 5th Circuit
Tuesday, 26 January 2010 05:19
Case Name: Marshall Graham v. Offshore Specialty Fabricators, Inc. and Cashman Equipment Corporation
Date Decided: January 8, 2010
Court: Court of Appeal of Louisiana
Judge: Judge Parro, Judge Kuhn, Judge McDonald
Citation: 2010 WL 58443 (La.App. 1 Cir.)

Background:
Plaintiff, Marshall Graham, brought an action under the Jones Act and unseaworthiness against employer, Offshore Specialty Fabricators, and barge owner, Cashman Equipment Corporation for injuries sustained while working aboard a tugboat as a deckhand.

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Jones Act Federal Circuits' & State Decisions - 5th Circuit
Friday, 22 January 2010 18:55
 

Case Name: Michael H. Lee v. Abdon Callais Offshore, LLC.
Date Decided: December 23, 2009
Court: U.S.D.C. Eastern District of Louisiana
Judge: Judge Berrigan
Citation: 2009 WL 5215313 (E.D.La.)

Background:
Before this Court was a Motion to Strike Jury Request made by plaintiff, Michael Lee, against defendant, Abdon Callais Offshore LLC's opposition.

Lee filed the original action for injuries sustained against Abdon Callais under general maritime law. In his original complaint, Lee asserted admiralty/maritime jurisdiction and requested a jury trial. Abdon also similarly requested a jury trial. Lee then filed this motion to strike Jury Request and filed a motion to Correct/Amend his Complaint. The Magistrate judge granted Lee's Motion to Amend/Correct Complaint to designate this action as proceeding under Rule 9(h) of the Federal Rules of Civil Procedure.

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Jones Act Federal Circuits' & State Decisions - 5th Circuit
Wednesday, 20 January 2010 23:53
Case Name: Steve D. Landers v. Kevin Gros Offshore, LLC, et al.
Date Decided: December 29, 2009
Court: U.S.D.C. Eastern District of Louisiana
Judge: Judge Lemmon
Citation: 2009 WL 5215971 (E.D.La.)

Background:
Plaintiff, Steve D. Landers, brought this action against the owner/operator of an offshore supply boat, Kevin Gros Offshore and unknown insurance companies. Landers brought this action for Seaman's Damages under general maritime law and the Jones Act. Landers also brought this action for maintenance and cure.

Landers alleged that the vessel, M/V ROSEANNA, was docked and a gangway connected to the shore. Lander claimed he was assigned to the task of removing the gangway from the vessel and he stood on the vessel and pushed the gangway to the dock. A broken piece of the gangway caught on the dock causing him to sustain a back inury.

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Jones Act Federal Circuits' & State Decisions - 5th Circuit
Saturday, 16 January 2010 17:59
Case Name: Crescent Towing & Salvage Co., v. M/V Belo Horizonte
Date Decided: December 21, 2009
Court: U.S.D.C. E.D. Louisiana
Judge: Judge Engelhardt
Citation: 2009 WL 5171792 (E.D.La.)

Background:
Eugent Ledet, while working on the Mississippi as a deckhand for Crescent Towing, was struck and killed by a parted mooring from the M/V BELO HORIZONTE. Crescent asserted claims against the BELO and siblings of the decedent intervened and filed claims against Crescent for relief under Jones Act and general maritime law. Crescent Towing sought dismissal of intervenors' claim of "loss of society" damages.

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