8 results for 'cat:"Civil Procedure" AND cat:"Maritime"'.
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
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