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11th Circuit
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Jones Act Federal Circuits' & State Decisions - 11th Circuit
Tuesday, 02 February 2010 06:54
Case Name: International Ship Repair & Marine Services v. Estate of Wilfredo Morales-Montalvo
Date Decided: January 12, 2010
Court: U.S.D.C. M.D. Florida, Tampa Division
Judge: Judge Merryday
Citation: 2010 WL 181575 (M.D.Fla.)

Background:
This action was brought on behalf of the estate of Wilfredo Morales Montalvo, who died aboard a floating dry dock owned by International Ship Repair and Marine Services.

Following Mr. Montalvo's death, the claimants filed a petition for pure bill of discovery, which would enable the claimant to ascertain the basis for, and proper defendant to any potential claim arising from Mr. Montalvo's death.

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Jones Act Federal Circuits' & State Decisions - 11th Circuit
Sunday, 03 January 2010 16:53
Case Name: Erzsebet Kovacs v. Carnival Corporation
Date Decided: December 21, 2009
Court: U.S.D.C. Southern District of Florida
Judge: Judge Huck
Citation: 2009 WL 4980277 (S.D.Fla.)

Background:
The matter before this Court was Plaintiff's (Kovacs), Motion to Remand. The underlying action involved whether the Court is required to use Panamanian law in arbitrating a Seaman's Wage Act claim made by the plaintiff.

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Jones Act Federal Circuits' & State Decisions - 11th Circuit
Thursday, 31 December 2009 07:01
Case Name: Firoz P. Vesuna v. C.S.C.S. International, N.V., et al.
Date Decided: November 30, 2009
Court: U.S.D.C. Southern District of Florida
Judge: Judge Seitz
Citation: 2009 WL 4543319 (S.D.Fla.)

Background:
Plaintiff, Firoz P. Vesuna  ("Vesuna"), filed this action under the Jones Act, unseaworthiness, failure to provide maintenance and cure against defendants Catering and Services International (CSCS) a Netherlands Antilles corporation.

Defendants filed a motion to dismiss on forum non conveniens and to compel arbitration. Vesuna was employed by CSCS aboard two different cruise ship vessels. CSCS and Vesuna had entered into an employment contract where Vesuna agreed to the terms of the contract which incorporated, by reference of the terms of the Collective Bargain Agreement between CSCS and certain unions.

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Jones Act Federal Circuits' & State Decisions - 11th Circuit
Friday, 25 December 2009 03:31
Case Name: Courtney Lawrence v. Royal Caribbean Cruises Ltd.
Date Decided: November 30, 2009
Court: U.S.D.C. Southern District of Florida
Judge: Judge Cooke
Citation: 2009 WL 4546633 (S.D.Fla.)

Background:
Plaintiff, Courtney Lawrence ("Lawrence") brought this action in Florida seeking damages and other relief against defendant, Royal Caribbean ("Royal") for damages arising out of alleged injuries sustained during the course of his employment while aboard the Voyager of the Seas.

Lawrence brought this action under the Jones Act, unseaworthiness, maintenance and cure, and Jones Act negligence, and failure to treat unearned and overtime wages.

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Jones Act Federal Circuits' & State Decisions - 11th Circuit
Sunday, 08 November 2009 07:30
Case Name: Royal Caribbean Cruise Ltd. v. Eduardo Whitefield, through Murillo Martines (personal representative)
Date Decided: October 9, 2009
Court: U.S.D.C. Southern District of Florida
Judge: Judge Moore
Citation: 2009 WL 3255147 (S.D.Fla.)

Background:
This case is a declaratory judgment action involving the right of a cruise ship employee to receive maintenance and cure benefits.

Decedent Eduardo Whitefield ("Whitefield") was employed by plaintiff, Royal Caribbean Cruises, Ltd. ("Royal Caribbean"). Following Whitefield's employment he received maintenance and cure benefits for a number of health issues. Royal Caribbean determined that he reached maximum medical improvement and discontinued Whitefield's maintenance and cure payments.

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