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2nd Circuit
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Jones Act Federal Circuits' & State Decisions - 2nd Circuit
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 - 2nd Circuit
Friday, 26 February 2010 02:46
Case Name: Reidar M. Juliussen, Jr. v. Buchanan Marine, L.P.
Date Decided: January 7, 2010
Court: U.S.D.C. S.D. New York
Judge: Judge Pogue
Citation: 2010 WL 86936 (S.D.N.Y.)

Background:
Reider M. Juliussen, plaintiff, filed this action under the Jones Act after falling on board the ship which he works and injuring his right knee. Buchanan is Juliussen's employer and operator of the ship.

Juliussen worked as a Mate for Buchanan. Juliussen obtained a license upon completion of a Coast Guard exam and the license identifies him as "an officer of the vessel that he serves on" and therefore, outranked the deckhands.

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Jones Act Federal Circuits' & State Decisions - 2nd Circuit
Tuesday, 09 February 2010 19:52
Case Name: Marin Dumitrescu v. General Maritime Management Inc. and General Maritime Corporation
Date Decided: December 15, 2009
Court: U.S.D.C. S.D. New York
Judge: Judge Crotty
Citation: 2009 WL 4823945 (S.D.N.Y.)

Background:
Before this Court was a motion by defendant, General Maritime Management, to disregard a jury verdict in favor of Marin Dumitrescu or alternatively, for a new trial. Marin was awarded $790,000 by a jury in a Jones Act claim he brought against General Maritime for injuries sustained while working as a seaman aboard General's vessel.

Marin was 50 years of age and worked aboard General's vessel. Marin had a pre-employment physical examination and was found fit for duty and was assigned the task of fabricating a winch cover with another fitter.

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Jones Act Federal Circuits' & State Decisions - 2nd Circuit
Thursday, 28 January 2010 04:56
Case Name: Joseph Collick v. Weeks Marine, Inc., et al.
Date Decided: October 28, 2009
Court: U.S.D.C. D. New Jersey
Judge: Judge Cooper
Citation: 2009 WL 3615025

Background:
Plaintiff, Joseph Collick, brought this action under general maritime law against defendants Weeks Marine (former employer) and Haztek Inc. Collick also moved to enjoin Weeks from failing to pay him maintenance and cure.

Collick worked for Weeks as a marine construction worker. His first project involved construction of a pier. Weeks was assigned to a particular crane barge. While Weeks employees on the barge were using the crane to position a heavy piece of concrete , the concrete got hung up on a piece of rebar protruding from another piece of concrete.

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Jones Act Federal Circuits' & State Decisions - 2nd Circuit
Thursday, 07 January 2010 22:07
 

Case Name: Joseph Verga v. Rotterdam Express, et al.
Date Decided: December 1, 2009
Court: U.S.D.C. Eastern District of New York
Judge: Judge Pollack
Citation: 2009 WL 4363444 (E.D.N.Y.)

Background:
Plaintiff, Joseph Verga, brought action against defendants alleging that he suffered injuries as a result of defendants' negligent failure to inspect the vessel, known as Rotterdam Express, and provide Verga with a safe place to work.  Specifically, Verga brought this action under the Longshore Harbor Workers' Compensation Act, LHWCA, against Rotterdam Express and Hapag-Lloyd for negligence of a vessel.

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