New maritime arbitration case from the Eleventh Circuit Court of Appeals. It arises from a sexual assault perpetrated by a cruise ship employee upon another employee. The victim brought suit against the cruise line asserting various maritime employment causes of action (Jones Act, maintenance and cure, etc.) The employer sought to compel arbitration of her complaint per her employment agreement. The
Jones Act
New Jones Act Case From Eleventh Circuit – Lindo v. NCL (BAHAMAS), LTD.
By Mark M. Murakami on
New case from the Eleventh Circuit Court of Appeals regarding arbitration clause in a Jones Act employment contract. The case is Lindo v. NCL (BAHAMAS), LTD., 2011 U.S. App. LEXIS 18001 and it can be found here (with a 24 page dissent, it is 92 pages, so PRINT CAUTION).
Facts: a Nicaraguan citizen is…
New Jones Act Case from Fifth Circuit – Bonin v. Ryan Marine Services, Inc.
By Mark M. Murakami on
New Jones Act case from the Fifth Circuit Court of Appeals. No major legal issues as the appeal was taken on factual/evidentiary grounds.
Note to claimant’s attorneys: Fifth Circuit did not require expert testimony to establish the negligence of owner or Captain.
The case is Bonin v. Ryan Marine Services, Inc., 2011 U.S. App. LEXIS 3227…
Supreme Court Rules on Causation Standard Applicable to Maritime Injuries
By Mark M. Murakami on
The Sky’s the limit. Or so says Chief Justice Roberts who, in dissent, thought that injured rairoad workers should have to show that their injuries were proximately caused by their employers. The Supreme Court rejected that interpretation of the statute and held that proximate cause was not fairly read into the Federal Employer’s Liability Act. So…
New Maintenance & Cure Case from Fifth Circuit – Orlando Ramirez v. Amer Pollution Control Corp.
By Mark M. Murakami on
New maintenance and cure case from the Fifth Circuit Court of Appeals. It is unpublished, and therefore of limited precedential value, but does show the effect of a non-disclosure of pre-existing physical condition on a claimant’s later maintenance and cure claim. In this case, the employer obtained summary judgment and the Plaintiff’s claims dismissed because…
New Jones Act Case from Fifth Circuit – Clark v. Kellogg Brown & Root
By Mark M. Murakami on
New maritime personal injury case from Fifth Circuit Court of Appeals. It is unpublished and not precedential, but is a good primer on injury claims. The case is Clark v. Kellogg Brown & Root, 2011 U.S. App. LEXIS 2354 and can be found here.
Facts: A maritime worker was exposed to benzene while…