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William H. Lawson
Accident Lawyer Hawaii
Century Square
1188 Bishop St. Suite 2902
Honolulu, HI 96813
New client hotline:
(808) 524-5300
Main business phone:
(808) 528-2525
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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
On March 14, 2012 the Supreme Court of Hawaii issued a
decision in the case of First Insurance v. A and B Properties.
The court held that an injured worker can intervene in a pending lawsuit
filed by his/her employer even after the applicable statute of limitations
has run, thus giving the same rights of intervention to employees that
employers/insurers have always had. This decision shows some promise that
the Hawaii Supreme Court will continue its tradition of protecting the
rights of the individual citizen against the one-sided and self centered positions
of insurance companies and big business.
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1999-2012.