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 Reporter June 2014 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Contracts

Gondan to Build Spanish Patrol Boats

Gondan Shipyard has recently signed a contract with the Guardia Civil, Spain’s Civil Guard, for the building of two patrol boats. The aluminum and fiber (PRFV ) vessels will measure 20.

New Australian Navy Submarines to be Japan Built?

Australia should discuss building its next-generation fleet of submarines overseas, the Department of Defence said on Monday, a shift that could open the door to

Russian Navy Expansion Gathers Momentum

The Russian Navy celebrates its professional holiday by putting two new submarines into service and expects a new warship in the fall and several additional ships

Legal

Desulfurization of Exhaust Gases in Shipping

Are shipowners prepared to enter SECA zones?   Due to existing regulations on air exhaust emissions from the International Maritime Organization (IMO), and with

Tanker with Iraqi Kurdish Oil Anchors off Texas Port

A tanker carrying crude oil from Iraqi Kurdistan was anchored near the Port of Galveston, Texas, and must undergo a routine safety inspection by the U.S. Coast

Panama's Alfonso Castillero Moves to Liberian Registry

The Liberian Registry informs that Alfonso Castillero, former Director-General of the Panama Registry, has joined their organization as Vice-President. Castillero

 
 
Maritime Careers / Shipboard Positions Maritime Contracts Maritime Security Maritime Standards Naval Architecture Offshore Oil Port Authority Ship Simulators Sonar Winch
rss | archive | history | articles | privacy | terms and conditions | 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: 0.0775 sec (13 req/sec)