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Topic: Jones Act (sailor rights)

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	Jones Act Law Maritime Pain Suffering Loss Lawsuit Death Negligence Claim
		Right of recovery under 46 USCS Appx § 688 for personal injuries is given to seamen as such, and, as in case of maintenance and cure, admiralty jurisdiction over suit depends not on place where injury is inflicted but on nature of service and its relationship to operation of vessel plying in navigable waters.
		Jones Act (46 USCS Appx § 688) conferred upon seaman right of action which he did not have under general maritime law and in adjudicating seaman's suit under § 688, District Court necessarily construes and applies § 688, it will thus be suit arising under law of United States and subject to federal question jurisdiction.
		Jones Act action brought in Pennsylvania would be transferred to New Jersey on motion of defendant where defendant would be able to implead third-party defendant in latter state and plaintiff had no important, legally cognizable stake in his choice of Pennsylvania federal court as forum for action.
	www.jonesact.com /USC688/500549.htm (9391 words)

	Biography - Captain John Paul Jones
		Either Jones' rendition of the events leading to the sailor's death were not as he later portrayed them or the killing of the man, a Tobagoan, though justifiable, so inflamed the local population that Jones and his friends feared that he could never receive justice and therefore must flee.
		Jones refused to accompany his men on their mission and later purchased the silver from is men and returned it to the Selkirks.
		While Jones was revered through much of the nineteenth century as a hero who exhibited dauntless courage and unconquerable persistence in the face of overwhelming odds, it was not until the twentieth century that his professionalism and abilities as a "complete" naval officer came to be appreciated.
	www.history.navy.mil /bios/jones_jp_conrad.htm (5327 words)

	Jones Act (sailor rights) - Wikipedia, the free encyclopedia
		The Jones Act also allows injured sailors to obtain damages from their employers for the negligence of the shipowner, the captain, or fellow members of the crew.
		The first is the right to "maintenance and cure," the second is under the Jones Act, and the third is under the doctrine of unseaworthiness.
		The Jones Act should not be confused with the Longshoremen's and Harbor Workers' Compensation Act, which is a Federal statute that defines the workers' compensation rights of dockside employees whose work affects shipping upon navigable waters.
	en.wikipedia.org /wiki/Jones_Act_(sailor_rights) (584 words)

	LINK
		Jones Act (46 USCS Appx § 688) is applicable to case in which Greek seaman was injured in Port of New Orleans while working aboard Greek vessel, since place of accident is factor to be considered in determining liability of shipowner under Jones Act.
		Jones Act (46 USCS Appx § 688) is applicable to Korean seaman's suit against New York corporation where seaman sustained injuries in Alabama and was working at direction of Nigerian employer when accident occurred; although employer-employee relationship is essential to recovery, employer need not be owner or operator of vessel.
		Jones Act (46 USCS Appx § 688) is applicable to suit by representative of Scotish seaman who drowned in Port of Rotterdam, and seaman need not be on vessel of employment at time of death or injury.
	www.crewadvocacy.com /jonesact37-58.htm (5245 words)

	Jones Act Law Maritime Seaman Injury File Lawsuit Death Negligence Claim
		When Jones Act plaintiff who has selected state forum fails to object to removal of action to district court with subject matter jurisdiction and participates in conduct of action, district court may determine whether such actions amount to waiver of plaintiff's right to invoke 28 USCS § 1445(a).
		Right of action given seamen by 46 USCS Appx § 688 is maritime and remedy at law for maritime cause of action may be withdrawn without impairment of constitutional right to jury trial in common-law cases.
		New substantive rights of 46 USCS Appx § 688 may be asserted and enforced in actions in personam against employers in federal or state courts administering common-law remedies, with right of trial by jury, or in suits in admiralty in courts administering maritime remedies, without trial by jury.
	www.jonesact.com /USC688/600649.htm (8671 words)

	American Revolution - John Paul Jones, Father of the United States Navy
		Jones drew his sword on the man to enforce his orders, but the man set on his captain with a bludgeon.
		Jones immediately went ashore to give himself up, but the death of the ringleader had so stirred up local sentiment that John Paul's friends prevailed upon him to escape to Virginia at once.
		Jones' immortal reply, "I have not yet begun to fight," served as a rallying cry to the crew.
	www.americanrevolution.com /JohnPaulJones.htm (2288 words)

	Charles Brown Lawfirm
		Under the Jones Act the term "seaman" has been given a very broad and liberal reading, but, whether one is a seaman or a member of a crew is a fact question for a jury.
		Jones Act seamen are entitled to protection from negligence and unseaworthy vessels.
		As with the Jones Act, an unseaworthiness claim must be filed within three years of the injury, and must be combined with a Jones Act claim against the employer/owner.
	www.charlesbrownlawfirm.com /sea.htm (1323 words)

	Rights (Stanford Encyclopedia of Philosophy)
		Rights are entitlements (not) to perform certain actions or be in certain states, or entitlements that others (not) perform certain actions or be in certain states.
		Rights entitle their holders to make choices, and as Waldron says the importance of a person's having choices would be diminished if she were forced to do the right thing.
		The right to speak may simply be the only appropriate way to treat people with minds of their own and the capacity to use means to express [them]… It fails to respect people not to give them the option of speaking.
	plato.stanford.edu /entries/rights (10839 words)

	Brown v. State & Div. of Marine Highway Systems (8/30/91), 816 P 2d 1368
		C The Jones Act provides a right of action for injury or death to sailors caused by the negligence of their employers.
		Most importantly, sailors have the right to sue shipowners for damages for injury or death "resulting in whole or in part from the negligence of any of the officers, agents, or employees of such [shipowner], or by reason of any defect or insufficiency, due to its negligence, in its.
		The court concluded that this "apparent union approval" of the waiver of FELA rights, coupled with the pressure to settle inherent in the employment relationship, rendered the agreement between the railroad and union to process claims under the workers' compensation laws invalid and the release by the employee of his FELA claims fatally involuntary.
	www.touchngo.com /sp/html/sp-3747.htm (3726 words)

	Jones Act Death High Seas Louisiana Law Firm - George S. Mentz
		The Jones Act also allows injured sailors to obtain damages from their employers for the negligence of the shipowner, the captain, or fellow members of the crew.
		Like other workers' compensation statutes, the Jones Act entitles injured sailors to what the Act calls "transportation, wages, maintenance and cure:" the employer or shipowner must get the sailor home, pay him wages while unable to work, and provide medical care for his injuries until the sailor has recovered all he will be able to.
		If the sailor's injuries are the result of negligence, whether by the employer, captain, or another crew member, the sailor may be able to obtain damages for pain and suffering from the employer or shipowner as well.
	www.mentzlaw.com /jonesact.html (396 words)

	Washingtonpost.com Special Report: Jones vs. Clinton
		Jones and made her feel as if she was being watched and was not safe, causing her to be fearful and to worry.
		Jones was extremely upset by this, because she feared that the statements in the magazine would harm her relationships with her husband, her sisters, her mother, and her friends.
		Jones only once, exposed himself to her only once, and demanded of her oral sex only once, his conduct is not "outrageous." This assertion flies in the face of both reason and decency.
	www.washingtonpost.com /wp-srv/politics/special/pjones/docs/motion031398.htm (17641 words)

	Melbourne Florida Maritime Admiralty Attorney Jones Act Lawyer
		Unearned wages are designed to put the sailor in the same position he would have been had he continued to work.
		Jones Act / Doctrine of Unseaworthiness - Injuries to Seamen
		Pursuant to 46 USC 688, otherwise known as the "Jones Act", the employer has the absolute duty to use reasonable care for the seaman's safety and to provide a reasonably safe place to work.
	www.legalproblem.com /PracticeAreas/MaritimeAdmiralty.asp (575 words)

	III. EMPLOYMENT RELATIONSHIP -In General
		Remedial nature of Jones Act and maritime law required less technical, contractual definition of "employee" than owner claimed; duties of maritime employers are owed not to perfect contracts, but to imperfect sailors and claim that plaintiff obtained employment by use of fraudulently obtained papers does not preclude finding that he was "employee".
		Determination of proper Jones Act (46 USCS Appx § 688) defendant in public vessel cases is affected by exclusive liability provision of 46 USCS Appx § 745.
		Jones Act claims against nonprofit sailing training organization are dismissed because organization is not "employer" of would-be sailors, but acts as type of placement service only, matching would-be sailors and ships for fee, and captain, not organization, exercises control over such sailors on board ship.
	www.1800jonesact.com /1917-jones-act/iii_a.asp (2446 words)

	Jones Act- VI. Damages -> B. Damages For Personal Injury -> 1. Elements Of Damages - Hawaii Injury Lawyer \| ...
		Jones Act (46 USCS Appx § 688) does not allow recovery for loss of society claims based upon negligence, and thus, wife of seamen suing under Act cannot base loss of society claims on negligence under general maritime law.
		Jones Act (46 USCS Appx § 688) provides no cause of action with respect to wife's loss of consortium nor does it provide for recovery by seaman's children for loss of support, society, affection and companionship.
		Sailor could not recover damages for alleged mental anguish due to being left by ship in foreign port, since there was no personal injury.
	www.hawaii-injury-lawyer-attorney.com /seaman-injury-maritime/vi-b-1.htm (3120 words)

	Amazon.com: John Paul Jones: Sailor, Hero, Father of the American Navy: Books: Evan Thomas (Site not responding. Last check: 2007-10-26)
		Jones was also a superb practical seaman (the survival of the frigate Ariel in a hurricane is only the most gripping example), a charismatic combat leader and a man with a vision of the American naval future.
		Unfortunately, Jones was never able to subdue his passions sufficiently, not sufficiently enough for any self-reflection to temper his sensitivities and thin skin, nor for him to ever cultivate the necessary strengths to achieve his highest ambition: Appointment to the rank of Admiral in the United States Navy.
		Sadly, Jones was far from the best judge of character, and often found himself in an impossibly frustrating, nightmarish circumstance because of his own inability to discern veneer from character, though Jones seems to have had plenty of character, and yet constantly coveted superficial laurels of those less worthy.
	www.amazon.com /John-Paul-Jones-Sailor-American/dp/0743258045 (3400 words)

	Jones-Shafroth Act - Wikipedia, the free encyclopedia
		The Jones-Shafroth Act (1917), also known as the "Jones Act" or as the 1917 version of the "Organic Act of Puerto Rico," amended the Foraker Act of 1900.
		The law also recognized certain civil rights to be observed by the government of Puerto Rico (although trial by jury, which did not exist in Puerto Rico's civil law system, was not among them).
		Acts of the Legislature could be vetoed by the governor, but his veto could be overridden by a two-thirds vote, in which case the President of the United States would make the final decision.
	en.wikipedia.org /wiki/Jones-Shafroth_Act (759 words)

	Civil Rights
		Its vision is a world in which people enjoy all the human rights in the Universal Declaration of Human Rights, focusing on preventing and ending grave abuses.
		Jones was the first African-American to graduate from the University of Alabama.
		The protest, it was hoped, would bring attention to the fact that America's civil rights movement had not gone far enough to eliminate the injustices fl Americans were facing.
	www.dce.k12.wi.us /historyday/Topics/CivilRights.htm (1097 words)

	[No title]
		Also, the sailor is required to send EIGHTY PERCENT (80%) of his/her wages to the manning agency that got them their job..with the manning agency giving some of the money to their families, and deducting the bulk of the pay for so called 'fees' and 'administrative expenses'.
		If a Filipino sailor dares to defy that yellow dog contract, the POEA will see to it that they are barred from maritime employment for life..and, in some cases, will have the Philippines Constabulary [state police] arrest the sailor upon their arrival home, on felony charges of "defaming the nation".
		Sailors should have the right to quit, recieve their pay in full, and get an employer paid one way coach class plane ticket to either the port where they joined the ship, or the port they got dispatched from, or the town they live in, at their discression.
	nyc.indymedia.org /media/text/shanghaied.txt (12396 words)

	House Committee on Veterans' Affairs
		For example, the act provides for forbearance and reduced interest on certain obligations incurred prior to service and restricts default judgments against service members and rental evictions of service members and their dependents.
		They are entitled under Veterans Readjustment Rights to return to their jobs after honorable release from service if they apply within 90 days of separation.
		Further, as servicemembers are called upon to defend our rights and freedoms, including the right to vote, our nation should ensure that their right to vote is protected as well.
	www.house.gov /va/hearings/schedule107/jul02/7-24-02/rjones.html (913 words)

	Virginia Jones Act and Maritime Injury Attorney \| Law Offices of Richard J. Serpe, P.C.
		He has successfully prosecuted cases under the Jones Act and the general maritime law, and takes pride in helping those who were injured on our waterways due to no fault of their own.
		The Jones Act also allows for workers to bring suit for the recovery of damages in the event that the accident occurred due to negligence or incompetence.
		He has successfully prosecuted cases under the Jones Act, bringing fair and just compensation to sailors who were injured while performing their duties.
	www.serpefirm.com /practice_areas/maritime-injuryjones.cfm (1047 words)

	JP Jones - Reviews
		Jones is head-shotted on the disc's cover, the weathered countenance of a guy who's seen life and the industry, standing firm without losing his balance, while both took their best shots.
		Jones said he strives to keep his tunes accessible, although his lyrics are more complex than those of the average pop song.
		Jones said the new record is even more personal than Voluntown, and that many of the songs address the frustrations of the artist at odds with the business world and other factors that keep him from being heard by a wide audience.
	www.jpjones.net /reviews.htm (4827 words)

	Dancer hopes to tap new 'Awakening' - CNN.com
		Jones and director Michael Mayer blend period costume and Duncan Sheik's contemporary music to retell Wedekind's unforgiving tale of teenage sexual exploration, at many points a narrative of trauma.
		Jones, today in his mid-50s, not only choreographs his company's idiom of often politically resonant dance-theater but also explores his own artistry onstage.
		Jones is struck by the multiplicity of experience among people of color.
	www.cnn.com /2007/US/02/20/bhm.billtjones/index.html (1317 words)

	Reference.com/Encyclopedia/Jones Act
		Jones Act (Philippines), enacted in 1916, sponsored by U.S. Representative William Atkinson Jones, that provided the Philippine Islands a more autonomous government to prepare the territory for independence
		Jones-Shafroth Act, also known as the Jones Act (Puerto Rico), enacted in 1917, sponsored by Representative William Atkinson Jones, concerning the government of Puerto Rico and conferring U.S. citizenship on Puerto Ricans
		Jones Act (sailor rights), sponsored by Senator Wesley L. Jones of Washington, governing the workers compensation rights of sailors
	www.reference.com /browse/wiki/Jones_Act (149 words)

	Experiences in Russia - A Diary. 1931. Days 1 to 6.
		Jones and I embarked from London on the Soviet steamer Rudzutak at 7:30 p.m.
		Jones reported a conversation with a sailor he found loafing in the “Lenin Corner.” This sailor had been a member of the Party since 1926, and said that about sixty percent of the crew were of the Communist Party.
		Sailor: “Yes, he might buy a house or a car, but he would have to sacrifice fifty to seventy percent of the prize to the State in the form of taxation.
	colley.co.uk /garethjones/soviet_articles/Experiences_in_russia_1931_days1to6.htm (3545 words)

	Jones Act - In General - Applicability to Foreign Ships, Seamen, and Occurrences - Nationality of Seaman
		Jones Act (46 USCS Appx § 688) applies to suit by American seaman for injuries sustained in Venezuela aboard American ship on grounds that, when seaman departed boundaries of Venezuela, interest of Venezuela ended and interest of United States and powers of Congress and courts to control activities of American citizens continued.
		Domicile at time of action controls for purposes of determining applicability of Jones Act (46 USCS Appx § 688), and thus fact that Honduran seaman established residence in United States subsequent to being injured in Liberia aboard Norwegian ship is insufficient to invoke application of Jones Act.
		Jones Act (46 USCS Appx § 688) is applicable where nationalities of crew members indicate that foreign ownership and registration of vessel are facades for American control.
	www.shipguide.com /jones-act/i_c_4.asp (2566 words)

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