· 1/26/2007
Dextel Terrebonne v. K-Sea Transportation Corp., K-Sea Operating Partnership Lp, as Successor in Interest to K-Sea Transportation Corp.
Citations
- 477 F.3d 271
- 2007 A.M.C. 442
- 2007 U.S. App. LEXIS 1805
- 2007 WL 196532
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that by agreeing to submit Jones Act claim to arbitral rather than judicial forum, seaman does not forgo substantive rights
- holding that the “maintenance and cure” provisions of an arbitration agreement, though “an intrinsic part of the employment relationship, [are] separate from the actual employment contract”
- holding that by agreeing to submit Jones Act claim to arbitral rather than judicial forum, seaman does not forgo substantive rights
- holding that FELA’s venue provision and accompanying case law prohibiting forum-selection clauses did not apply to the Jones Act
- “[M]aintenance and cure is an intrinsic part of the employment relationship, separate from the actual employment contract. . . . [it] cannot be contracted away.”
- “[M]aintenance and cure is an intrinsic part of the employment relationship, separate from the actual employment contract. . . . [it] cannot be contracted away.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Garwood, Dennis, Owen
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.