| The Jones Act -- Maintenance and Cure |
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| Under the Jones Act and general maritime law, a seaman who is injured in the course and scope of his employment may recover "maintenance" and "cure" benefits from his employer, even if the employer was not negligent and the vessel was not unseaworthy. Maintenance and cure benefits are similar to workmen's compensation benefits; however, no government agency is involved in the administration of maintenance and cure benefits. More... |
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| False Imprisonment |
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| Have you ever been detained for questioning at a department store because an item in your shopping bag set off an alarm at the exit? If so, you may have considered suing the store for false imprisonment. In most cases, however, you would lose.More... |
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| Intoxication As a Defense to Negligence |
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| Intoxication is not a defense to negligence. A person who is intoxicated when he commits a negligent act will be held to the same standard as a person who is not intoxicated. The actions of an intoxicated person will not be judged by the standard of a reasonably prudent intoxicated person.More... |
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| Defendant's Wrongful Use of Process |
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| It is a tort to use the civil or criminal form of process to primarily seek a result other than that for which the form of process was intended. The conduct that encompasses the abuse of process is a defendant's wrongful use of the process for an ulterior purpose and some willful act in the use of the process to accomplish that ulterior purpose.More... |
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| Federal Jurisdicton in Recreational Boating Accidents |
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| When a recreational boating accident occurs, the first determination that must be made is whether a federal court or a state court has jurisdiction over a lawsuit that is filed with regard to the accident.More... |
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