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9th Circuit
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Jones Act Federal Circuits' & State Decisions - 9th Circuit
Saturday, 20 February 2010 05:21
Case Name: Frank Caraska v. The State of Washington Department of Transportation, Division of Washington State Ferries
Date Decided: February 8, 2010
Court: Court of Appeals of Washington Division 1
Judge: Judge Schindler
Citation: 2010 WL 428007 (Wash.App. Div.1)

Background:
This action involves a personal injury negligence claim under the Jones Act, and unseaworthiness against the Washington Department of Transportation.

Frank Caraska, sued the WSF for injuries he sustained when an intoxicated ferry passenger assaulted him. Following a 3-day bench trial the court dismissed the lawsuit against WSF, and ruled that WSF employees were not negligence in allowing the drunken passenger to board the ferry.

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Jones Act Federal Circuits' & State Decisions - 9th Circuit
Friday, 22 January 2010 05:13
Case Name: William A. Hart v. Matson Terminals, Inc., et al.
Date Decided: December 29, 2009
Court: United States Court of Appeals, Ninth Circuit
Judge: Judge Fletcher, Judge Thomas, Judge Smith
Citation: 2009 WL 5196060 (C.A.9)

Background:
William Hart, brought an action under the LHWCA, Longshore Harbor Workers' Compensation Act, for hearing loss sustained while working for employer, defendant, Matson Terminals, Inc. Before this Court is Hart's appeal of a decision made by the Benefits Review Board, BRB, affirming the order of an Administrative Law Judge awarding benefits for his hearing loss under the LHWCA.

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Jones Act Federal Circuits' & State Decisions - 9th Circuit
Tuesday, 19 January 2010 06:02
Case Name: Justin Endicott v. Icicle Seafoods
Date Decided: January 7, 2010
Court: Supreme Court of Washington
Judge: Judge Stephens
Citation: 2010 WL 27857 (Wash.)

Background:
Plaintiff, Justin Endicott, had a fish cart crush his arm while he was working in the freezer on one of his employer's, defendant Icicle Seafoods, ships. Endicott brought this action seeking compensation under the Jones Act and unseaworthiness.

Endicott brought this action in King County Superior Court and successfully struck down Icicle's jury demand. Following a bench trial the judge ruled for Endicott on both Jones Act negligence and unseaworthiness claims awarding Endicott damages and prejudgment interest.

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Jones Act Federal Circuits' & State Decisions - 9th Circuit
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 - 9th Circuit
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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