Claim Preclusion in Actions for Maintenance and Cure

Wednesday, July 02, 2003
The U.S. Court of Appeals for the Fifth Circuit ruled that the defense of claim preclusion applies to actions for maintenance and cure. In the instant case, plaintiff brought an action against defendant for maintenance and cure for a slip and fall he suffered onboard a vessel. He then voluntarily dismissed his claim with prejudice. Later, he refiled the maintenance and cure action. Defendant then moved for summary judgment, asserting that the new claim was precluded by the earlier dismissal with prejudice. The court held that, while serial actions for maintenance and cure may be brought, this claim was precluded because it is identical to the earlier action and a dismissal with prejudice is equivalent to a judgment on the merits. Brooks v. Raymond Dugat Company L

Maritime Today


The Maritime Industry's original and most viewed E-News Service

Maritime Reporter April 2016 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Contracts

McDermott Wins Contract in Arabian Gulf

McDermott International Inc. received three separate engineering, procurement, construction, and installation (EPCI) projects in multiple Arabian Gulf fields.   The

Ensco Lost 2 Petrobras Contracts

Ensco Plc has concluded discussions with Petrobras regarding revised commercial terms with respect to some rig contracts.   Ensco 6003 and Ensco 6004 had their contracts terminated effective May 1,

Asia Dry Bulk-Capesize Rates Under Pressure

Capesize rates fall in a quiet market as holidays weigh; 20 charter-free capesize ships could add to downward trend. Freight rates for large capesize dry cargo

Legal

Yilport Acquires Sweden's Gavle Terminal

Turkish terminal operator Yilport Holding has gained full control of Gävle’s terminals.   Yilport Holding acquired 100% shares of Gävle Container Terminal (GCT) and Baltic Sea Gateway (BSG).

ICS Pushing For Balanced Update of York Antwerp Rules

At the Comité Maritime International (CMI) Conference, in New York this week, the International Chamber of Shipping (ICS) will be pressing to ensure that the proposed

OMB - Subchapter M Cleared for Publication

The Office of Management and Budget (OMB) completed its review of the draft final rule entitled Inspection of Towing Vessels, also known as "Subchapter M." The

 
 
Maritime Careers / Shipboard Positions Maritime Contracts Maritime Security Maritime Standards Naval Architecture Offshore Oil Port Authority Salvage Shipbuilding / Vessel Construction Winch
rss | archive | history | articles | privacy | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.0590 sec (17 req/sec)