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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
Saturday, 16 January 2010 06:16
Case Name: Taner Oran v. Fair Wind Sailing, Inc.
Date Decided: November 23, 2009
Court: District Court of the Virgin Islands, Division of St. Thomas and St. John
Judge: Judge Buckwalter
Citation: 2009 WL 4349321

Background:
Plaintiff, Taner Oran, brought this action against Fair Wind Sailing Inc. and BFM Sailing , as a result of injuries he sustained when he slipped and fell on bench cushions aboard a 45-foot catamaran owned by BFM Sailing and operated by Fair Wind.

Oran called Fair Wind to ask about a sailing class they offered.  Oran agreed to enroll in the class and Fair Wind sent release forms to Oran. Both defendants contend that no one is allowed to participate in any of Fair Wind's classes without executing the release agreement and terms and conditions agreement, both sent to Oran.

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Jones Act - Federal Circuits' & State Decisions
Thursday, 14 January 2010 07:41
Case Name: John E. Mancini v. Dan P. Plute Inc.
Date Decided: November 6, 2009
Court: U.S. Court of Appeals, Ninth Circuit
Judge: Judge Noonan, Judge Fletcher, Judge Duffy
Citation: 2009 WL 4912140 (C.A.9)

Background:
John E. Mancini, solely for the benefit of his attorney, petitions for review of an order of the Benefits Reviewa Board ("The Board") which, under the Longshore Harboer Workers' Compensation Act, LHWCA, awarded attorneys fees at the hourly rate of $250.00.

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Jones Act - Federal Circuits' & State Decisions
Wednesday, 13 January 2010 08:36
Case Name: Noel Butcher v. Superior Offshore International v. Offshore Lifeboats LLC, Triumph Marine, Inc. (third party Defendants)
Date Decided: December 17, 2009
Court: U.S. Court of Appeals, Fifth Circuit
Judge: Judge Reavley, Judge Clement, Judge Southwick
Citation: 2009 WL 4885026 (C.A.5 (La.)

Background:
Plaintiff, Noel Butcher, filed an action under the Jones Act for injuries suffered while working for defendant, Superior Offshore International, Inc.  The district Court granted summary judgment determining that Butcher was not a Jones Act seaman.

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Jones Act - Federal Circuits' & State Decisions
Tuesday, 12 January 2010 06:09
Case Name: John Shields v. United States of America
Dated Decided: December 21, 2009
Court: U.S.D.C. Eastern District of Pennsylvania
Judge: Judge Stengel
Citation: 2009 WL 5033971 (E.D.Pa.)

Background:
Plaintiff, John Shields, filed this tort action against the United States claiming that he suffered extensive injuries on the part of the US, the operator of the U.S.S. Blue Ridge. Both parties agreed that Shields was covered under the Longshore Harbor Workers' Compensation Act, LHWCA.

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Jones Act - Federal Circuits' & State Decisions
Monday, 11 January 2010 04:31
Case Name: David L. Trachsel v. Rogers Terminal & Shipping Corporation, and Director, Office of Worker's Compensation Programs
Date Decided: December 30, 2009
Court: U.S. Court of Appeals, Ninth Circuit
Judge: Judge Whyte
Citation: 2009 WL 5125785 (C.A.9)

Background:
Plaintiff, David L. Trachsel, brought this action to review an order by the Department of Labor Benefits Review Board, BRB, affirming an Administrative Law Judge's compensation award under the Longshore Harbor Workers' Compensation Act, LHWCA.

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