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JonesActQuestions.com: Atlantic Sounding Case Rocks the Boat!
Subject: JonesActQuestions.com: Atlantic Sounding Case Rocks the Boat!
Send date: 2009-09-28 02:26:19
Issue #: 1
Content:

Jones Act Questions Newsletter Logo

[DATE] ISSUE [ISSUENB]
The Legal Side

Since its beginning in March, 2009, JonesActQuestions has "briefed" and posted almost 75 legal decisions decided in the United States involving maritime law. There have been many legal cases that have been decided that affect the rights of injured seaman but, hands down and by far, the absolute most important case was the Atlantic Sounding case decided by the United States Supreme Court in June, 2009.

The Atlantic Sounding case, in a nut shell, holds that an injured seaman can now seek and obtain a jury award against the employer for punitive damages if the employer "unreasonably denies" the seaman maintenance and cure benefits. The "briefed" opinion and Press Release can be downloaded and/or read here: http://www.jonesactquestions.com/newsgeneral/generalmaritimenews/380-significant-decision-impacting-seamens-right-to-receive-punitive-damages-for-employers-disregard-of-maintenance-and-cure-payments.html and I highly recommend you read it as it may be the most impacting seaman's rights case to be decided in the last twenty years!

Atlantic Sounding Pod Casts: There are three (3) different pod casts that can be listened to that discuss the Atlantic Sounding case and its future implications. They are in the top left of the Home page at http://www.JonesActQuestions.com. They are not too long and, I think, they are very interesting.

The Save U.S. Seaman's Jobs Campaign

Since we started our email a governmental U.S. representative, U.S. Senators, President Obama and the Commandant of the USCG campaign, thanks to you, we have sent over 2000 emails.
It looked like we had made an impact because JonesActQuestions was one of the first authorities to report that the U.S. Border Patrol, of all the governmental authorities, would be the entity to actually put an end to the granting of waivers to foreign vessels. It looked like this idiotic process was coming to a quick ending. However, the bottom fell out when Fairplay, a division of Lloyd's Register, reported that a lawyer representing the U.S. Customs and Border Patrol indicated that the U.S. Customs and Border Patrol was "backing off" of requiring U.S. vessels be solely utilized. This is apparently due to a strong United States oil company lobby!

But this just raises more questions. Because the oil industry did not have any problem finding U.S. registered vessels and American seamen when it looked like the Customs & Border Patrol was going to enforce the Jones Act. How could they do this so easily? They had represented that these vessels and crewmen were not available and they needed a waiver of the Jones Act. There are two stories which indicate that, when the U.S. Customs and Border Patrol was going to enforce the Jones Act that these American companies were easily filling the void of foreign vessels leaving. These two stories are here:

The Fight Continues!

It is more important now more than ever before that you tell people about the email writing campaign. We only bought this service for one year and it was very expensive. The year will be over in March, 2010 and I urge you to tell everyone that is a seaman or mariner to fill out the online submission. The link is on the top right of our home page.

How many lives and families are ruined because of this behavior? If you have a story to tell, JonesActQuestions wants to hear from you. Please email Steve Gordon with your name and contact phone number and he will personally call you. Because he is a lawyer, all your communications are strictly confidential. These lies that companies told the U.S. Government all in the name of extra profits should not go unpunished.

Well, that wraps up our first eNewsletter and I would have to say that it is a fairly eventful eNewsletter!

Thank you for being a member of Jones Act Questions and please tell your friends to join. No one wants to ever get injured at sea, but should that ever occur, it is essential that you know your legal rights before that happens.

Sincerely,

Steve Gordon
Gordon & Elias, L.L.P.
5821 Southwest Freeway, Suite 422
Houston, Texas 77057
(713) 569-7144-Cell
(713) 668-9999-Phone
(713) 715-4983-E-Facsimile
(713) 668-1980-Office Facsimile
Board Certified In Personal Injury Trial Law
Texas Board of Legal Specialization
Licensed in Texas, Louisiana & D.C.

We Wish You Calm Seas

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