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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
Thursday, 11 March 2010 21:35
Case Name: Orlando Ramirez v. American Pollution Control Corporation; M/V Ampol Recovery
Date Decided: February 2, 2010
Court:  United States Court of Appeals, Fifth Circuit
Judge: Judge Garza, Judge DeMoss, Judge Clement
Citation: 2010 WL 444407 (C.A.5(Tex.)

Background:
Plaintiff, Orlando Ramirez, brought this action against employer and vessel owner American Pollution Control Corporation, AMPOL, pursuant to the Jones Act.

AMPOL hired Ramirez to work as a deckhand aboard the Recovery and shortly after, Ramirez hurt his neck, back, shoulder, elbow, and wrist when he slipped on a wet rubber glove lying on the floor of the ship's galley.

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Jones Act - Federal Circuits' & State Decisions
Thursday, 11 March 2010 21:31
Case Name: Carter McEuen v. Lower Illinois Towing Co., et al.
Date Decided: February 11, 2010
Court: U.S.D.C. Central District of Illinois
Judge: Judge Scott
Citation: 2010 WL 569900 (C.D.Ill.)

Background:
Before this Court was defendants', Cargill Incorporated, American Commercial Lines, motions for summary judgment.

Plaintiff, Carter McEuen, was  injured while opening a roll-top barge cover as a deckhand aboard the M/V Tom Edwards, owned and operated by Lower Illinois Towing Company.  Lower Illinois was McEuen's employer.

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Jones Act - Federal Circuits' & State Decisions
Thursday, 11 March 2010 21:21
Case Name: Brett Kurpiel v. Calumet River Fleeting
Date Decided: February 17, 2010
Court: U.S.D.C. N.D. Illinois
Judge: Judge Dow, Jr.
Citation: 2010 WL 582647 (N.D.Ill.)

Background:
Plaintiff, Brett Kurpiel, filed this action under the Jones Act alleging he sustained injuries while working for defendant, Calumet River Fleeting, Inc. Kurpiel alleged his injuries were a result of Calumet's negligence and unseaworthiness of their vessel.

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Jones Act - Federal Circuits' & State Decisions
Monday, 01 March 2010 01:26
Case Name: In re MLC Fishing, Inc.
Date Decided: February 16, 2010
Court: U.S.D.C. E.D. New York
Judge: Judge Johnson
Citation: 2010 WL 582570 (E.D.N.Y.)

Background:
Before this Court is an action pursuant to the Limitation of Liability Act. Defendant, Julio Angel Velez, filed a motion to dismiss MLC's Limitation claim arguing that the accident did not invoke the court's admiralty jurisdiction because the accident did not occur aboard MLC's vessel.

In order to board the vessel from the marina, Velez had to descend a metal ramp which is not attached permanently to the land or the vessel. The ramp leads to a floating dock, which must be traversed to access the steps to the vessel.

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Jones Act - Federal Circuits' & State Decisions
Sunday, 28 February 2010 01:45
Case Name: Pan Quan Ru v. Sepat Shipping PTE LTD, et al.
Date Decided: February 11, 2010
Court: U.S.D.C. E.D. Louisiana
Judge: Judge Fallon
Citation: 2010 WL 582380 (E.D.La.)

Background:
Plaintiff, Pan Quan Ru, filed this action under the Jones Act, general maritime law, and the savings to suitor's clause asserting negligence, unseaworthiness, and seeking general and punitive damages.

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