March 29, 2010 – The Supreme Court of the United States has rejected a petition to decide whether or not the spouses of non seamen injured on the high seas may make a claim for loss of consortium. Denying a writ of certiorari, the Court let stand the Eighth Circuit…
Articles Posted in Legal Cases & Concerns
WASHINGTON STATE SUPREME COURT UPHOLDS SANCTIONS FOR DISCOVERY ABUSE CLEARING WAY FOR REINSTATEMENT OF $ 8 MILLION DOLLAR JUDGMENT
In a landmark decision, the Washington State Supreme Court has reinstated an 8 million dollar default judgment entered in favor of a car crash victim seriously injured while a passenger in a Hyundai Accent. The Washington State Supreme Court stated that trial courts need not tolerate deliberate and willful discovery…
STATE OF ALASKA TO PAY OUT OF STATE FISHERMAN $ 70 MILLION
Fisherman from outside of the State of Alaska who paid “out of state fees” for commercial fishing licenses and permits from 1984 to 2004 will receive up to $ 70 million dollars in compensation. As the result of a class action lawsuit filed in 1984, the Alaska Court has ruled…
NINTH CIRCUIT COURT RULES THAT INJURED SEAMAN’S CLAIM AGAINST AMERICAN SEAFOODS MUST GO TO TRIAL
November 25, 2009 Reversing a Seattle District Court decision, the Ninth Circuit Court of Appeals has held that an injured Alaska fish processor has presented sufficient evidence that his case must go to trial. Samson Ili brought a Jones Act injury claim against American Seafoods based upon the theory that…
JURY AWARDS SEAMAN 1.3 MILLION IN PUNITIVE DAMAGES AGAINST ICICLE SEAFOODS FOR FAILURE TO PAY MAINTENANCE AND CURE
A Washington State King County jury has awarded total damages in the amount of $1.6 million dollars to a crewman injured on an Alaska fish processor owned by Icicle Seafoods. $1.3 million dollars of the award was for punitive damages for Icicles’ wilful and wanton failure to pay maintenance and…
Crewman Charged With Murder In Death of Fisherman in Ilwaco
Erin Reiman has been charged with murder of fisherman John Adkins. The crewmen were in Ilwaco aboard the F/V TIGER on July 5, 2009 when the murder is alleged to have taken place. According to information contained in the Court files, the murder happened as follows: Reiman and Adkins had…
FINAL REPORT RELEASED REGARDING SINKING OF LADY D
The Coast Guard has reported that it has released its final report of the sinking of the passenger vessel the LADY D. The LADY D capsized in March, 2004, killing five people in the Patapsco River in Baltimore. The LADY D was a small pontoon water vessel. The Coast Guard…
Sailor Awarded $150,000 in Damages for Loss of Smell and Taste
The United States District Court for the State of Massachusetts has awarded a sailor $150,000 in damages for past and future pain and suffering, as well as loss of the enjoyment of life, after losing her full sense of smell and taste following a two-vessel collision. 39-year-old Julianne Marie Evans…
Court Grants Trial for Seaman Who Signed Release Form
A seaman injured in a two vessel collision was able to have a Louisiana Court invalidate his release clause and therefore bring the fishing company to trial after the vessel’s doctor’s diagnosis was incorrect. Clifton Lewis was a mate aboard one of the vessels in the collision. Upon impact, he…
Congress Considering New Safety Regulations for Fishing Industry
Congress is considering legislation holding the fishing industry to a significantly higher safety standard in vessel construction in an effort to decrease the fatalities suffered at sea. This bill would require training of all skippers and mandate Coast Guard inspections of vessels. This proposed bill has been under development for…