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Fifth Circuit Reiterates Well-Established Rule That Ship Owner Has Burden of Proving Validity of a Seaman's Release |
June 5, 2008
Previously published on May 2008
In Transocean Offshore USA Inc. v. Catrette, 2007 U.S. App. LEXIS 27870 (5th Cir.) and Steverson v. Globalsantafe Corp., 508 F.3d 300 (5th Cir.), the Fifth Circuit emphasized the elevated level of scrutiny applicable when evaluating the validity of any release or settlement involving a seaman's rights, and indicated that a ship owner has the burden of demonstrating that a release was executed freely, without deception or coercion, and that it was made by the seaman with full understanding of his rights.
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The views expressed in this article are solely the views of the author and not Martindale-Hubbell. This article is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
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