Hizam Al-Zawkari v. American Steamship Company

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “the maintenance per diem rate, like any other benefit, which is the ultimate result from give and take collective bargaining between the parties, should be binding on them”
• rejecting the plaintiff crew member's contention that the maintenance rate paid to him was \in conflict with the intent and purpose of the Supreme Court's decisions imposing the maintenance requirement upon shipowners\
• rejecting the plaintiff crew member’s contention that the maintenance rate paid to him was “in conflict with the intent and purpose of the Supreme Court’s decisions imposing the maintenance requirement upon shipowners”
• “[WJhen a benefits package includes an express reference to a precise rate of maintenance, it must be presumed that this rate was arrived at by negotiation.”
• “While the duty to provide maintenance cannot be entirely abrogated, as an implied contractual provision, the right to maintenance can be modified and defined by contract.”
• “[W]hen a benefits package includes an express reference to a precise rate of maintenance, it must be presumed that this rate was arrived at by negotiation.”

Source: CourtListener parenthetical corpus (CC0).