By: Dennis M. O'Bryan on April 30, 2014

On March 10, 2014, the Fifth Circuit Court of Appeals issued a landmark opinion, Naquin v Elevating Boats, L.L.C., 744 F.3d 927 (5th Cir. 2014), further qualifying the “perils of the sea” seaman status requirement where it found a vessel repair supervisor to be a seaman even though he was rarely req …

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By: Dennis M. O'Bryan on April 28, 2014

Taxes of a state, or political subdivision thereof, may not be deducted from a seaman’s or a fisherman’s wages except for seamen on voyages between ports in the same state who have a voluntary agreement with the employer to deduct them. See 46 USC 11108. This does not mean that a seaman or fisherman …

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By: Dennis M. O'Bryan on April 28, 2014

Federal law (46 USCA 11108) exempts seamen’s wages from garnishment, and in the process thereof, immunizes the employer from any liability for refusing to honor any such garnishment. This exemption does not apply however to any garnishment or attachment arising out of divorce proceedings, such as al …

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By: Dennis M. O'Bryan on April 28, 2014

In one of the more unique questions posed by the experienced Jones Act attorney, Dennis M. O’Bryan around the country, in McKinney v American River Transp. Co., 2013 WL 3270955 (S.D. Ill.), District Judge Reagan ruled that a seaman who left the vessel because of masturbation-induced headaches may be …

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By: Dennis M. O'Bryan on April 24, 2014

After hard fought litigation by maritime attorney Dennis M. O’Bryan, the Chief Judge of the Mobile federal district court has ruled that seamen have the right to cancel, invalidate, and repudiate any assignment of wages going to a marine recruiting agency as long as the employer is told before the w …

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By: Dennis M. O'Bryan on April 24, 2014

Against all odds, maritime attorney Dennis M. O’Bryan recently had the district court in Manhattan reversed by the Second Circuit Court of Appeals with the resulting ruling that the employer must pay maintenance and cure for a cancer condition that occurred while the seaman was in the service of the …

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By: Dennis M. O'Bryan on April 23, 2014

The Supreme Court recently denied further review to a ruling Dennis M. O’Bryan achieved in the federal district court in Manhattan against Maersk Line, Ltd. (the largest shipping company) in the world – holding that crewmembers who receive maintenance and cure as well as unearned wages, are entitled …

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By: Kirk Karamanian, Esq. on January 31, 2014

Following the U.S. Supreme Court’s lead in Atlantic Sounding Co., Inc. v. Townsend, the Fifth Circuit Court of Appeals in McBride v Estis Well Service, LLC, 731 F.3d 505 (5th Cir. 2013), became the first federal appellate court to hold that punitive damages are once again available to a seaman in an …

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By: 1-800-OBRYANS on January 9, 2014

Want to learn more about Jones Act? We’ve got you covered. Read below for a quick overview and learn how a Jones Act Lawyer can help you recover damages after an injury at sea.

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