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· 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 CourtListener

Sourced 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.