New Orleans Case Verdict
By: Dennis M. O'Bryan on December 1, 2014

Plaintiff was the chief engineer on the Defendant’s flagship vessel when on December 16, 2011 he was thrown in with a make-up rush job crew on another vessel to travel a day and a half out in the Gulf of Mexico in order to tend to another of the Defendant’s vessel that was sinking.  The make-up vess …

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By: 1-800-OBRYANS on October 31, 2014

You wouldn’t go to a drunk driving lawyer for a divorce, so why wouldn’t anybody in their right mind go to a non-maritime lawyer for a Jones Act case?  Dennis M. O’Bryan is a Proctor in Admiralty, which means that he has been certified by the Maritime Law Association of the United States as a recogn …

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By: 1-800-OBRYANS on October 30, 2014

  Post-traumatic stress disorder (PTSD) is a form of emotional distress.  Special rules apply in order to recover damages for emotional distress under the Jones Act and FELA. It is a prerequisite that an individual claiming damages for emotional distress under the Jones Act (for injured maritim …

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By: 1-800-OBRYANS on October 30, 2014

Maintenance and cure can be DENIED if a crew-member misrepresents his physical condition on a pre-employment examination or questionnaire and subsequently becomes not fit for duty because of an injury or illness to the part of the body with regard to which there was a non-disclosed pre-existing hist …

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By: 1-800-OBRYANS on October 27, 2014

Seamen are often fooled into thinking they do not have a claim because part of their injury is based on a pre-existing condition.  Often times, the fact of the matter is that the seaman was able to work but because of an injury the pre-existing condition became aggravated and he became disabled.  Su …

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By: 1-800-OBRYANS on October 23, 2014

The Jones Act is a negligence statute that allows Jones Act lawyers to fight for the rights of injured or ill seamen. It also gives a seaman the right to expect a safe place to work.  If a crewmember goes overboard because of the negligence of the employer or any of its employees, or the failure of …

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By: 1-800-OBRYANS on October 22, 2014

We have been fielding numerous calls from cruise-goers concerned about Ebola. The general maritime law covers this situation, as it does any communicable disease. If the shipowner knows or should know, about any passenger who is exhibiting Ebola-like symptoms, a shipowner has the duty to investigate …

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By: 1-800-OBRYANS on June 12, 2014

Mariners both professional and recreational are required by law to maintain proper “look-out.”  This proposition begs the question, “what is a proper look-out?” International Navigation Rules of the Road, apply to all vessels upon the high seas and in all waters connected therewith navigable by seag …

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By: 1-800-OBRYANS on June 4, 2014

In a very recent decision, Tandon v Captain’s Cove Marina of Bridgeport, Inc., 214 US App. LEXIS 9265 (2nd Cir. Con. May 19, 2014), the Second Circuit Court of Appeals applied the test for admiralty jurisdiction established by the US Supreme Court in Jerome B. Grubart v Great Lakes Dredge & Dock …

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