VII. PRACTICE AND PROCEDURE L. Settlement - Maritime Lawyer Hawaii

Maritime Accident Lawyer Hawaii

Law Office of William H. Lawson

William Lawson - Admiralty Accident Attorney Hawaii
About Us
Initial Steps
Contact us


American Trial Lawyers Association
American Trial Lawyers Association

Consumer Lawyers Hawaii
Consumer Lawyers Hawaii

Stanford Law School
Stanford Law School

American Bar Association
American Bar Association

Marquis' Who's Who
Marquis' Who's Who
in the World,
Who's Who
in America and
Who's Who
in American Law

Recent Personal Injury and Car Accident News

In August 2018 3M Co. agreed to pay $9.1 million to settle allegations that it and its predecessor, Aearo Technologies Inc, knowingly sold defective combat ear plugs to the U.S. military. The ear plugs were too short for proper insertion into the users' ears and could easily loosen and not perform effectively. Military personnel who suffered hearing loss during combat or training exercises between 2003 to 2015 may qualify for a one-time award. For more on defective product claims, see: Honolulu product liability claims.




The Jones Act


685. Generally Tugboat owner is entitled to evidentiary hearing on his motion to rescind agreement settling seaman's claim based on disabling arm injury, so that owner could present motion picture evidence of seaman lifting various sorts of building materials. Russell v Puget Sound Tug & Barg Co. (1984, CA9 Wash) 737 F2d 1510.

Where injured seaman enters into settlement agreement containing "Mary Carter" provision providing that settling defendant will be remibursed to specified degree from any recovery plaintiff receives in suit against nonsettling defendant, court's discretion in approving and enforcing agreement, as well as in disclosing terms thereof to jury, is magnified, since seaman is traditional ward of admiralty; adequacy of consideration is relevant in admiralty court's scrutiny of seaman's release, and party asserting release has burden of affirmatively showing that no advantage has been taken. Wilkins v P.M.B. Systems Engineering, Inc. (1984, CA5 Tex) 741 F2d 795.

Settlement of suit for injury under traditional admiralty claim in negligence under 46 USCS Appx § 688 was improper by set-off against company's annuities and benefits plan since such settlement cannot be classified as "benefit resulting from premiums. . . paid by any of Gulf companies under any Workmen's Compensation law or similar legislation." Dupree v Gulf Oil Corp. (1971, ED Tex) 328 F Supp 480.

Motion of injured seaman to enforce alleged settlement agreement must be denied where corporate defendant challenged both existence of agreement and scope of counsel's authority to settle case, and plaintiff failed to show "meeting of the minds" sufficient to result in binding and enforceable oral settlement agreement made with either actual or apparent authority. Thompson v Continental Emsco Co. (1986, SD Tex) 629 F Supp 1160.

Settling maritime defendants' motions under state code provision for declaration of good faith settlement precluding subsequent actions for contribution and indemnity are denied and denials will not be certified for interlocutory appeal under 28 USCS § 1292, because (1) state procedural statutes governing settlement of state torts do not apply to Jones Act (46 USCS Appx § 688) and maritime actions, (2) immediate appeal will not resolve federal rule regarding settlement of multidefendant maritime actions, and (3) interests of public and injured seaman call for prompt and just resolution of claims. Daughtry v Diamond M Co. (1988, CD Cal) 693 F Supp 856.

686. Claims of minors

In action brought under 46 USCS Appx § 688, court is mindful of its obligations to protect interests of minors and in so doing, to scrutinize terms of any proposed settlement of their lawful claims. Donnarumma v Barracuda Tanker Corp. (1978, CD Cal) 79 FRD 455.

Settlement of minor-beneficiaries' claim executed by minors' natural tutrix with defendants after action to enforce minors' claim was instituted by personal representative of decedent, is invalid. Benoit v Fireman's Fund Ins. Co. (1978, La) 355 So 2d 892, on remand (La App 3d Cir) 361 So 2d join ship. Karvelis v Constellation Lines S.A. (1986, CA2 NY) 806 F2d 49.



Law Office of
William H. Lawson


Century Square
1188 Bishop St. Suite 2902
Honolulu, HI 96813

New client hotline:
(808) 524-5300

Main business phone:
(808) 528-2525

Directions to Accident Lawyer Hawaii

Accident Lawyer Hawaii - Get a free consultation

Personal injury news- articles of interest

Personal injury cases

Hawaii state constitution

Jones Act maritime law and seaman cases




A. General Principles

B. Other Remedies

1. Traditional Maritime

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


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


A. In General

B. Particular Entities
as Employers

C. In Course of


A. In General

B. Vicarious Liability

1. In General

2 Particular Acts of Crew

C. Circumstances of

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


A. Seaman's Conduct

1. Comparative

2. Assumption of Risk

3. Particular

B. Release

C. Limitations of Actions

1. Statutory Limitations

2. Laches

D. Collateral Estoppel
& Res Judicata

E. Limitation of Liability

F. Other Defenses


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


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

The information provided in these pages is intended to be preliminary and informational ONLY. It is not legal advice by Accident-Lawyer-Hawaii nor may it be relied upon as such. The use of the
Accident Lawyer Hawaii
webpages does not establish an attorney-client relationship. This page is Copyright Accident Lawyer Hawaii 1999-2018.