12 results for 'cat:"Civil Procedure" AND cat:"Maritime"'.
J. Ellison partially grants a shipping company’s summary judgment while denying their motion to exclude in a negligence case by an injured longshoreman. The foreman’s statement and report is reliable and relevant, and failing to disclose it earlier bears no harm on the company. On the longshoreman’s negligence claim, the longshoreman did not produce evidence regarding the company’s active control duty regarding their walkway at the time of the accident. But whether the company properly turned over the vessel in a safe working condition remains up for debate, and cannot be decided at this time by summary judgment. Granted in part.
Court: USDC Southern District of Texas, Judge: Ellison, Filed On: August 29, 2024, Case #: 4:23cv995, NOS: Other Personal Injury - Torts - Personal Injury, Categories: civil Procedure, maritime, Negligence
J. Hanks partially grants a boat charter company’s summary judgment in a case between the family of a seaman who died at an offshore worksite and the worksite’s owners. The worksite owner has a duty to defend the boat company under the terms of their charter, but because the facts of the seaman's death remain in dispute, the court cannot compel the site owner to indemnify the boat company.
Court: USDC Southern District of Texas, Judge: Hanks, Filed On: August 27, 2024, Case #: 4:22cv2420, NOS: Other Personal Injury - Torts - Personal Injury, Categories: civil Procedure, maritime, Indemnification
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J. Zainey denies a holding company’s motion to compel arbitration in a personal injury suit by a crewman on one of their ships. Because the crewman’s challenge applies to his entire contract as well as to the specific arbitration agreement therein, the crewman must make the claim in court that he is not bound by it and bears the burden of proof. But that also means he must be allowed to make his case on that issue in court, rather than be compelled into arbitration immediately.
Court: USDC Eastern District of Louisiana , Judge: Zainey, Filed On: August 15, 2024, Case #: 2:24cv94, NOS: Marine - Contract, Categories: Arbitration, civil Procedure, maritime
J. Jolivette Brown grants a request by a maritime company to exclude due to a “lack of trustworthiness” the recorded statement of its former employee, a deckhand and lookout aboard one of two tugs towing an allegedly submerged pipe, when a fishing vessel collided with the pipe. The former deckhand’s statement was recorded by an investigator hired by a claimant on the fishing boat. The deckhand failed to appear in court or for a deposition despite the issuance of a bench warrant for his testimony. Other live, non-hearsay witnesses will address the visibility of the pipe at trial. The interests of justice would not be served by admitting the recorded statement of the missing deckhand.
Court: USDC Northern District of Texas , Judge: Jolivette Brown, Filed On: August 1, 2024, Case #: 2:22-cv-04535, NOS: All Other Real Property - Real Property, Categories: civil Procedure, maritime, Discovery
J. Crone grants authorization to the worker to use alternative service for his personal injury suit against the vessel owner, which is a citizen of Mexico. The worker's attempts at traditional service through the Hague Convention have been unsuccessful, so he may email the complaint to the specified email addresses used in previous attempts at informal service because none of those emails "bounced back." Also, the worker should use service by publication in Spanish in the newspaper El Norte, since this would likely reach the owner.
Court: USDC Eastern District of Texas , Judge: Crone, Filed On: January 12, 2024, Case #: 1:21cv69, NOS: Marine - Contract, Categories: civil Procedure, International Law, maritime
J. Atkins finds that the trial court properly granted an exception of prescription in favor of employers on the decedent's family's Jones Act suit regarding asbestos exposure while working on the employer's vessels. The federal discovery rule and state's principle of contra non valentem does not apply when the injury and cause were knowable to the plaintiff. Therefore, the statutes of limitations under federal and state law began when the decedent was diagnosed with mesothelioma. In this case, it is undisputed that the family learned of the decedent's mesothelioma diagnosis in September 2012 and that the family did not file suit until nearly nine years after the diagnosis. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Atkins, Filed On: November 15, 2023, Case #: 2023-CA-0116, Categories: civil Procedure, maritime, Asbestos