Jones Act Cases from Accident Lawyer Hawaii

What We Do at Accident Lawyer Hawaii - video Honolulu Personal Injury Attorney - Claims We Handle Personal Injury Attorney Hawaii results Honolulu Personal Injury Attorney - Call us now

Jones Act Cases - Seaman Cases, Decisions & Opinions

Honolulu Maritime & Ocean Injury Lawyer Bill Lawson

Law Office of William H. Lawson


Jones Act - Table of Contents

The Jones Act - Cases, Decisions and Opinions

VII. PRACTICE AND PROCEDURE - L. Settlement

685. Generally

Tugboat owner is entitled to evidentiary hearing on his motion to rescind agreement settling seaman's claim based on disabling arm injury, so that owner could present motion picture evidence of seaman lifting various sorts of building materials. Russell v Puget Sound Tug & Barg Co. (1984, CA9 Wash) 737 F2d 1510.

Where injured seaman enters into settlement agreement containing "Mary Carter" provision providing that settling defendant will be remibursed to specified degree from any recovery plaintiff receives in suit against nonsettling defendant, court's discretion in approving and enforcing agreement, as well as in disclosing terms thereof to jury, is magnified, since seaman is traditional ward of admiralty; adequacy of consideration is relevant in admiralty court's scrutiny of seaman's release, and party asserting release has burden of affirmatively showing that no advantage has been taken. Wilkins v P.M.B. Systems Engineering, Inc. (1984, CA5 Tex) 741 F2d 795.

Settlement of suit for injury under traditional admiralty claim in negligence under 46 USCS Appx section 688 was improper by set-off against company's annuities and benefits plan since such settlement cannot be classified as "benefit resulting from premiums. . . paid by any of Gulf companies under any Workmen's Compensation law or similar legislation." Dupree v Gulf Oil Corp. (1971, ED Tex) 328 F Supp 480.

Motion of injured seaman to enforce alleged settlement agreement must be denied where corporate defendant challenged both existence of agreement and scope of counsel's authority to settle case, and plaintiff failed to show "meeting of the minds" sufficient to result in binding and enforceable oral settlement agreement made with either actual or apparent authority. Thompson v Continental Emsco Co. (1986, SD Tex) 629 F Supp 1160.

Settling maritime defendants' motions under state code provision for declaration of good faith settlement precluding subsequent actions for contribution and indemnity are denied and denials will not be certified for interlocutory appeal under 28 USCS section 1292, because (1) state procedural statutes governing settlement of state torts do not apply to Jones Act (46 USCS Appx section 688) and maritime actions, (2) immediate appeal will not resolve federal rule regarding settlement of multidefendant maritime actions, and (3) interests of public and injured seaman call for prompt and just resolution of claims. Daughtry v Diamond M Co. (1988, CD Cal) 693 F Supp 856.


686. Claims of minors

In action brought under 46 USCS Appx section 688, court is mindful of its obligations to protect interests of minors and in so doing, to scrutinize terms of any proposed settlement of their lawful claims. Donnarumma v Barracuda Tanker Corp. (1978, CD Cal) 79 FRD 455.

Settlement of minor-beneficiaries' claim executed by minors' natural tutrix with defendants after action to enforce minors' claim was instituted by personal representative of decedent, is invalid. Benoit v Fireman's Fund Ins. Co. (1978, La) 355 So 2d 892, on remand (La App 3d Cir) 361 So 2d 1332.to join ship. Karvelis v Constellation Lines S.A. (1986, CA2 NY) 806 F2d 49.

Jones Act - TABLE OF CONTENTS


Facebook Company page for Accident Lawyer Hawaii - William H. Lawson LinkedIn Company page for Top Honolulu Personal Injury Attorney William H. Lawson

Accident Lawyer Hawaii

William H. Lawson, Esq. and
Amy L. Woodward, Esq.

Century Square
1188 Bishop St. Suite 2902
Honolulu, HI 96813

New client hotline:
(808) 524-5300

Pearl City, Aiea and Waipahu:
(808) 671-7600

Main business phone:
(808) 528-2525


Directions to Honolulu office




Products Liability - Cases & Comment



Jones Act- maritime law and seaman cases



The Constitution Of The State Of Hawaii


Recent Personal Injury and Car Accident News


Mediation works - so we use it regularly. In Providence, R.I., in 2014 eight female aerialists doing a hair-hang act 20+ feet above the ground were severely injured when the metal frame supporting their act collapsed hurtling them to the floor. They recently obtained a total combined settlement of $52.5-million through mediation of their claims See, Eight severely injured aerialists recover $52.5-million settlement through mediation.





Awards and Honors

AV Preeminent rated by Martindale Hubbell Martindale Hubbell - AV rated lawyer - Best Rating Possible Multi-Million Dollar Advocates Forum Multi-Million Dollar Advocates Forum AVVO Top Rated Personal Injury Attorney AVVO Top Rated Personal Injury Attorney, 10 of 10 ATLA Top 100 Trial Lawyers ATLA Top 100 5.0 of 5.0 top rated by Lawyers.com Lawyers.com - Rated 5.0 out of 5.0 - Top Rating Possible National Trial Lawyers - Top Lawyer National Trial Lawyers - Top 100 Trial Lawyers Million Dollar Advocates Forum Million Dollar Advocates Forum American Society of Legal Advocates - Top 100 - 2017 American Society of Legal Advocates - Top 100 - 2017 Marquis' Who's Who Marquis' Who's Who in the World, Who's Who in America and Who's Who in American Law AVVO Clients' Choice Personal Injury Lawyer AVVO Clients' Choice Personal Injury Lawyer Expertise - Best Car Accident Lawyers in Honolulu 2019 Expertise - Best Car Accident Lawyers in Honolulu 2019 Best Attorneys in America - Life Charter Member Best Attorneys in America - Life Charter Member


Click on a box below to choose one of our 4 menus:

There is NO CHARGE for sending your case information to our law firm. The information provided on this website is preliminary and informational ONLY. It is not legal advice. The use of our webpages does not establish an attorney-client relationship. This website is copyright 1999-2020 and the contents of this website are the property of Personal Injury Attorney William H Lawson. The Terms and Conditions of Use for this website and our Privacy Policy are available here for your consideration. All rights reserved.

Jones Act Cases - Decisions - Opinions

We thank you for visiting our site!