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5th Circuit
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Jones Act Federal Circuits' & State Decisions - 5th Circuit
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 - 5th Circuit
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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Jones Act Federal Circuits' & State Decisions - 5th Circuit
Saturday, 27 February 2010 04:47
Case Name: James Brown v. Cenac Towing Co., Inc.
Date Decided: February 12, 2010
Court: U.S.D.C. E.D. Louisiana
Judge: Judge Berrigan
Citation: 2010 WL 520492 (E.D.La.)

Background:
Before this Court was a motion for partial summary judgment filed by Cenac Towing Co., Inc. Plaintiff, James Brown, brought this action alleging Jones Act negligence, unseaworthiness, and maintenance and cure under general maritime law.

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Jones Act Federal Circuits' & State Decisions - 5th Circuit
Thursday, 25 February 2010 04:13
Case Name: Errol Chouset, Jr. v. Offshore Marine, L.L.C., et al.
Date Decided: January 26, 2010
Court: U.S.D.C. E.D. Louisiana
Judge: Judge Lemelle
Citation: 2010 WL 375315

Background:
Plaintiff, Errol Chouset, alleged that he noticed wet paint on the M/V Hannah B owned by Offshore Marine that had been turned over to Superior for repairs. Chouset, an employee of Superiod,  asked his foreman what to do and was instructed to keep working.

Chouset claimed he fell and injured his back on the wet paint as he returned to work. Chouset filed a claim under LHWCA, Longeshore Harbor Workers' Compensation Act, and against Offshore Marine.

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Jones Act Federal Circuits' & State Decisions - 5th Circuit
Wednesday, 24 February 2010 05:39
Case Name: John Tatum v. Axxis Drilling, Inc.
Date Decided: November 30, 2009
Court: U.S.D.C. W.D. Louisiana, Lafayette Division
Judge: Judge Doherty
Citation: 2009 WL 427741 (W.D.La.)

Background:
Plaintiff, John Tatum, moved for a declaratory judgment seeking a declaration that a purported release and receipt signed by Tatum to be null and void pursuant to the Declaratory Judgment Act. Defendant, Axxis, moved for Summary Judgment seeking dismissal of Tatum's claim by declaring Release is valid and enforceable.

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