It is not uncommon that contracts will contain forum selection clauses to establish the place where a party can bring suit regarding a dispute or incident arising as consequence of the contractual relation. As a general rule, a forum selection clause will be enforced unless the party opposing said clause “[can] clearly show that enforcement […]
Continue readingMore TagP&I Correspondent Update: Medical Cases in Puerto Rico
As P&I Club Correspondents, Jiménez, Graffam & Lausell is often instructed to liaise with vessel Agents to make sure that injured or ill crewmembers receive adequate medical care and that the costs incurred are reasonable. In many instances, the need for medical care develops as an emergency where immediate action is required. It is also […]
Continue readingMore TagThe United States Supreme Court Rules that Punitive Damages are not Allowed on Unseaworthiness Claims
On June 24, 2019 the United States Supreme Court decided the case of Dutra Group v. Batterton, 139 S.Ct. 2275 588 U.S. _______ (2019). The case involved a crewmember who sued his maritime employer due to a physical injury suffered aboard the employer’s vessel. The crewmember sued the employer asserting a variety of claims, including […]
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