American Trial Lawyers Association News

By Jeffrey S. The maritime law community is awaiting the next pronouncement by the U.S. Supreme Court pertaining to the definition of a Jones Act seaman. In February, the high court announced that it would review the decision of the First Circuit Court of Appeals in Stewart v. Dutra Construction Co., Inc. The definition of seaman has proven to be a nagging problem; this will be the fifth time since 1991 that the Justices have tackled some aspect of the question. Most injured maritime workers would prefer to pursue recovery as a "seaman". There are several reasons for this. First and foremost, the damages recoverable under the Jones Act are not limited to lost wages and benefits, but also include an important component for "pain and suffering".