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Articles Posted in Legal Cases & Concerns

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Fishing Company Ordered To Designate Witness To Testify Regarding Comparative Fault Defense

In many cases involving injured fishermen, during litigation to obtain compensation for the crewman under the Jones Act, the fishing company attempts to block and obstruct the crewman from getting information necessary to prepare his case for trial. A Washington State Superior Court Judge in King County has recently ordered…

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Punitive Damages Allowed For Unseaworthiness In U.S. District Court For Hawaii

A claim for punitive damages made by a commercial diver based upon the legal theory of unseaworthiness has withstood legal challenge in the United States District Court for Hawaii. The Court found as a matter of law that punitive damages may be sought in cases involving unseaworthiness. The Court based…

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Punitive Damages Claims Permissible for Unseaworthiness and Jones Act negligence in Washington State Superior Court for King County

Superior Court Judge Richard Eddie has held that a seaman’s wrongful death claim involving claims for punitive damages for unseaworthiness and Jones Act negligence will proceed to trial on the merits. The vessel owner and employer’s motion to dismiss the seaman’s claim for punitive damages was rejected. Following the Supreme…

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The Slimy Sea – Employers Hacking Into Injured Crewmen’s Shipboard E-mails

For the past ten years, maritime workers aboard ships and fishing vessels at sea have been able to cheaply stay in contact with their wives, children and girlfriends, and even run a shoreside business, utilizing the ship’s e-mail system. There has never been much privacy on a ship at sea,…

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Louisiana Appellate Court Affirms Slight Negligence Causation Standard in Jones Act Injury Claims

Under the Jones Act, the evidentiary proof a seaman needs to present to establish a causal connection between his employer’s negligence and his injury is very slight. A Louisiana Appellate Court has reaffirmed this standard in Bancroft v. Mitchell Offshore Marine, 2010 WL 198219 (2010 La. App. 3 Cir.). The…

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