Jones Act Cases from Accident Lawyer Hawaii

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Jones Act Cases - Jones Act - Table of Contents

Honolulu Maritime & Ocean Injury Lawyer Bill Lawson

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Jones Act - Table of Contents

The Jones Act - Cases, Decisions and Opinions

Table of Contents


- THE STATUTORY LANGUAGE

- CASE LAW

- I. IN GENERAL
- A. General Principles
- B. Relationship to Other Available Remedies
- 1. Traditional Maritime Remedies
- 2. Remedies Provided by Federal Statute
- 3. Remedies Provided by State or Territorial Law
- C. Applicability to Foreign Ships, Seamen, and Occurrences
- 1. In General
- 2. Place of Injury
- 3. Nationality or Ownership of Vessel
- a. In General
- b. Foreign Ownership
- c. Foreign Flag Vessels Owned or Operated by American Interests - 4. Nationality of Seaman
- 5. Other Factors

- II. PERSONS ENTITLED TO RECOVER
- A. Seamen
- 1. General Principles
- a. In General
- b. Tests for Determining Status as Seaman
- 2. Employed on "Vessel in Navigation"
- a. In General
- b. Status of Vessel
- c. Particular Vessels
- 3. Particular Persons as Seamen
- B. Representatives or Beneficiaries of Seamen

- III. EMPLOYMENT RELATIONSHIP
- A. In General
- B. Particular Persons or Entities as Employers
- C. Injury as Sustained in Course of Employment

- IV. NEGLIGENCE
- A. In General
- B. Vicarious Liability
- 1. In General
- 2. Particular Acts of Crew
- C. Circumstances of Injury
- 1. Assault
- a. In General
- b. Assaults Among Crew and Officers
- 2. Improper Management and Supervision
- a. In General
- b. Particular Acts Supervised
- 3. Medical Care
- 4. Physical Properties of Vessel and Dock
- 5. Other Circumstances

- V. DEFENSES
- A. Seaman's Acts or Omissions
- 1. Contributory and Comparative Negligence
- 2. Assumption of Risk
- 3. Contributory Negligence and Assumption of Risk Under Particular Circumstances - B. Release
- C. Limitations of Actions
- 1. Statutory Limitations
- 2. Laches
- D. Collateral Estoppel and Res Judicata
- E. Limitation of Liability
- F. Other Defenses

- VI. DAMAGES
- A. In General
- B. Damages for Personal Injury
- 1. Elements of Damages
- 2. Deductions From Award
- C. Damages for Wrongful Death
- 1. Elements of Damages
- 2. Computation of Award

- VII. PRACTICE AND PROCEDURE
- A. State Court Actions
- B. Jurisdiction
- 1. In General
- 2. Bases of Jurisdiction
- C. Venue
- 1. In General
- 2. Bases of Venue
- 3. Forum Non Conveniens
- D. Election of Alternative Remedies
- 1. In General
- 2. Electing Particular Remedies
- E. Institution of Action
- F. Pleadings and Motions
- 1. Complaint
- 2. Answer
- 3. Motions
- G. Removal and Remand
- H. Discovery
- I. Jury
- 1. Right To Jury Trial
- 2. Submission of Issues
- J. Evidence
- 1. In General
- 2. Plaintiff's Burden of Proof
- 3. Defendant's Burdeon of Proof
- 4. Admissibility of Evidence
- K. Appeal and Review
- L. Settlement



Jones Act - TABLE OF CONTENTS

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Jones Act Cases - Decisions - Opinions

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