The Jones Act- Table of Contents- Merchant Seaman Protection and Relief 46 USCS Appx § 688 - Hawaii Injury Lawyer | Attorney- Attorney Wm Lawson

Hawaii Injury Lawyer | Attorney- Jones Act


Hawaii Injury Lawyer Jones Act- Table of Contents

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Recent Personal Injury and Car Accident News and Cases related to Hawaii

In January of 2009 HEMIC, a Hawaii insurer, was punished for deliberately failing to promptly pay the claim of an 80-year-old woman who had to rely on handouts from neighbors to survive after the company failed to honor her claim. A Kauai judge, Randal Valenciano, ordered HEMIC to pay $325,000, including an extra $250,000 in punitive damages, for not timely paying the workers' compensation claim of the Venezualan woman arising out of the death of her daughter - upon whom she was dependent for support. "They tried to lay low and hope the claim would go away" according to one of the attorneys involved in the case - a common insurance company tactic. Ordonez v. Hawaii Employers' Mutual Insurance Co., Circuit Court of the Fifth Circuit, Kauai, Hawaii, Civil No. 5CC06-1-000138 (court minute order filed 1/16/2009).

JONES ACT- TABLE OF CONTENTS

The Jones Act

Table of Contents

THE STATUTORY LANGUAGE

CASE LAW
I. IN GENERAL

A. General Principles

B. Relationship to Other Available Remedies

1. Traditional Maritime Remedies

2. Remedies Provided by Federal Statute

3. Remedies Provided by State or Territorial Law

C. Applicability to Foreign Ships, Seamen, and Occurrences

1. In General

2. Place of Injury

3. Nationality or Ownership of Vessel

a. In General

b. Foreign Ownership

c. Foreign Flag Vessels Owned or Operated by American Interests

4. Nationality of Seaman

5. Other Factors

II. PERSONS ENTITLED TO RECOVER

A. Seamen

1. General Principles

a. In General

b. Tests for Determining Status as Seaman

2. Employed on "Vessel in Navigation"

a. In General

b. Status of Vessel

c. Particular Vessels

3. Particular Persons as Seamen

B. Representatives or Beneficiaries of Seamen

III. EMPLOYMENT RELATIONSHIP

A. In General

B. Particular Persons or Entities as Employers

C. Injury as Sustained in Course of Employment

IV. NEGLIGENCE

A. In General

B. Vicarious Liability

1. In General

2. Particular Acts of Crew

C. Circumstances of Injury

1. Assault

a. In General

b. Assaults Among Crew and Officers

2. Improper Management and Supervision

a. In General

b. Particular Acts Supervised

3. Medical Care

4. Physical Properties of Vessel and Dock

5. Other Circumstances

V. DEFENSES

A. Seaman's Acts or Omissions

1. Contributory and Comparative Negligence

2. Assumption of Risk

3. Contributory Negligence and Assumption of Risk Under Particular Circumstances

B. Release

C. Limitations of Actions

1. Statutory Limitations

2. Laches

D. Collateral Estoppel and Res Judicata

E. Limitation of Liability

F. Other Defenses

VI. DAMAGES

A. In General

B. Damages for Personal Injury

1. Elements of Damages

2. Deductions From Award

C. Damages for Wrongful Death

1. Elements of Damages

2. Computation of Award

VII. PRACTICE AND PROCEDURE

A. State Court Actions

B. Jurisdiction

1. In General

2. Bases of Jurisdiction

C. Venue

1. In General

2. Bases of Venue

3. Forum Non Conveniens

D. Election of Alternative Remedies

1. In General

2. Electing Particular Remedies

E. Institution of Action

F. Pleadings and Motions

1. Complaint

2. Answer

3. Motions

G. Removal and Remand

H. Discovery

I. Jury

1. Right To Jury Trial

2. Submission of Issues

J. Evidence

1. In General

2. Plaintiff's Burden of Proof

3. Defendant's Burdeon of Proof

4. Admissibility of Evidence

K. Appeal and Review

L. Settlement

JONES ACT- TABLE OF CONTENTS

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Section Titles Preamble Article I Article II Article III Article IV Article V Article VI Article VII Article VIII Article IX Article X Article XI Article XII Article XIII Article XIV Article XV Article XVI Article XVII Article XVIII Effective Date

Jones Act- maritime law and seaman cases

STATUTE'S LANGUAGE
CASE LAW
I. IN GENERAL
A. General Principles B. Other Remedies 1. Traditional Maritime Remedies 2. Federal Law Remedies 3 Remedies by State Law C. Foreign Involvement 1. In General 2. Place of Injury 3. Flag or Ownership of Vessel a. In General b. Foreign Ownership c. Foreign Vessels with American Interests 4. Nationality of Seaman 5. Other Factors
II. PERSONS ABLE
TO RECOVER
A. Seamen 1. General Principles a. In General b. Status as Seaman 2. "Vessel in Navigation" a. In General b. Status of Vessel c. Particular Vessels 3. Particular Seamen B. Representatives of
Seamen
III. EMPLOYMENT
A. In General B. Particular Entities as Employers C. In Course of
Employment
IV. NEGLIGENCE
A. In General B. Vicarious Liability 1. In General 2 Particular Acts of Crew C. Circumstances of Injury 1. Assault a. In General b. Assaults Among Crew & Officers 2. Improper Supervision a. In General b. Particular Acts 3. Medical Care 4. Particular Properties of Vessel & Dock 5. Other Circumstances
V. DEFENSES
A. Seaman's Conduct 1. Comparative Negligence 2. Assumption of Risk 3. Particular Circumstances B. Release C. Limitations of Actions 1. Statutory Limitations 2. Laches D. Collateral Estoppel & Res Judicata E. Limitation of Liability F. Other Defenses
VI. DAMAGES
A. In General B. Damages for Injury 1. Elements of Damages 2 Award Deductions C. Wrongful Death 1. Elements of Damages 2. Computation of Award
VII. PRACTICE &
PROCEDURE
A. State Court Actions B. Jurisdiction 1. In General 2. Bases of Jurisdiction C. Venue 1. In General 2. Bases of Venue 3 Forum Non Conveniens D. Election of Remedies 1. In General 2. Particular Remedies E. Institution of Action F. Pleadings and Motions 1. Complaint 2. Answer 3. Motions G. Removal and Remand H. Discovery I. Jury 1. Right To Jury Trial 2. Submission of Issues J. Evidence 1. In General 2. Plaintiff's Burden of Proof 3. Defendant's Burden 4. Admissibility K. Appeal and Review L. Settlement

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