Settlement Agreements/Releases
The following are digests and links to Circuit
Court Admiralty Cases that have as an issue settlement agreements/releases:
Columbus-America
Disc. v Atlantic Mutual Ins.
Fourth Circuit Court of Appeals
February 8, 2000
Settlement Agreements: the settlement
agreement concerning the division of salved treasure is enforceable, with
the underwriters having no claim to any future salvage from the S.S. Central
America; Procedure: court records of the inventory of the treasure
remaining in the hands of the salvors may be sealed.
In
re the EXXON VALDEZ, Baker v. Exxon
Ninth Circuit Court of Appeals
February 8, 2001
Settlement Agreements: the settlement
of claims by seafood processors against Exxon which included an assignment
to Exxon by those seafood processors of a portion of their punitive damages
claims against Exxon arising from the EXXON VALDEZ oil spill were valid,
thus Exxon could in effect recover against itself in the punitive damages
portion of the trial and accordingly reduce the total punitive damages
it was required to pay.
In
re the EXXON VALDEZ, Seafood Processors v. Baker
Ninth Circuit Court of Appeals
October 12, 2000
Settlement Agreements: cede back provisions
of settlement agreements, where a settling plaintiff agrees to pay back
to the settling defendant amounts recovered against that defendant in future
lawsuits based on the settled claim, are enforceable and generally should
not be disclosed to the jury; thus the district court was in error in refusing
to enforce the cede back agreement between Exxon and the Seattle Seven
seafood processors and in refusing to allow the Seattle Seven to participate
in the allocation of the jury's punitive damages award against Exxon.
Orsini
v. O/S Seabrooke
Ninth Circuit Court of Appeals
April 24, 2001
Settlement Agreements/Releases/Jones Act:
courts scrutinize the validity of a seaman's release under principles of
admiralty law analogous to the duty owed by a fiduciary to a beneficiary,
not solely under principles of contract law; the Supreme Court in Garrett
v. Moore-McCormack Co. established a two-part test in determining
the enforceability of a seaman's release: (1) whether the release was executed
freely, without deception or coercion; and (2) whether it was made by the
seaman with full understanding of his rights; in applying the second part
of this test, a court considers the adequacy of the consideration, the
nature of the medical advice available to the seaman at the time of signing
the release and the nature of the legal advice available to the seaman
at the time of signing the release; in applying this test, the Circuit
Court declined to enforce the seaman's release since Plaintiff had no independent
legal advice and the medical advice he received before signing the release
was inaccurate.
MILES
v. AMERICAN SEAFOOD
Ninth Circuit Court of Appeals
December 13, 1999
Maintenance & Cure/Releases: interpreting
a seaman's release of a maintenance and cure claim is a legal issue for
the court to decide, which construes any ambiguities against the drafter
and in favor of the seaman.
Sea-Land
Service v. Sellan
Eleventh Circuit Court of Appeals
October 26, 2000
Settlement Agreements/Jones Act: the
previous settlement agreement between plaintiff seaman and defendant vessel
owner which prohibited plaintiff from future employment with defendant
is enforceable, thus plaintiff's Jones Act claim for personal injury damage
arising during plaintiff's surreptitious re-employment was properly dismissed. |