In John Crane, Inc. v. Hardick, Record No. 101909 (Vir. Sept. 14, 2012), a decedent crewmember's wife and estate, filed suit under general
maritime law against John Crane, Inc. (JCI) seeking compensatory and punitive
damages, alleging that decedent, a former seaman, was exposed to asbestos
contained in products manufactured by JCI and that he contracted mesothelioma
as a result of such exposure. The Plaintiffs' third amended complaint included
revived personal injury survival claims - which sought damages for Decedent's
pre-death pain and suffering - and Plaintiffs' wrongful death claims. A jury
awarded $2 million in damages for Decedent's pre-death pain and suffering. The
Supreme Court vacated the award. The Plaintiffs petitioned for a rehearing, which
the Court granted. The Court then reinstated the award and modified its
opinion, holding that because the Jones Act permits recovery for the losses
suffered during a decedent seaman's lifetime in a survival action, including
pre-death pain and suffering, Decedent's estate may recover for his pre-death
pain and suffering under general maritime law.
Those of us that practice maritime law regularly must always be on the lookout for the contract that may contain an arbitration clause. Thus, any laws related to arbitration are important to those of us practicing in this sector. The Florida legislature has revised the Florida Arbitration Code ("FAC") and named it the Revised Florida Arbitration Code (the " Revised Act"). Since 1967, the FAC had gone mostly unchanged. The Revised Act addresses concepts that were not addressed in the old law, such as the ability of arbitrators to issue provision remedies, challenges based on notice, consolidation of separate arbitration proceedings, required conflict disclosures by arbitrators, among other major changes. The Revised Act lays out a detailed framework for international arbitration conducted under Florida law and repeals sections of the FAC. The Revised Act spells out what experienced arbitrators knew the case law to be, but codifies it all in one pl
Comments
Post a Comment