A writ of prohibition is governed by Tex. R. App. P. 52 which governs all original proceedings. The petition for writ of prohibition should be filed electronically using the state's e-filing system with the appropriate appellate court. It should be captioned "In re [name of of the...View More
To properly file a petition for a writ of prohibition, you will need to follow specific procedures outlined by the court in which you plan to file your petition. Begin by researching the rules and requirements for filing such petitions in your jurisdiction, as they can vary from one court to...View More
I was misinformed about my job duties, requirements, and compensation by my direct supervisor. When I attempted to gain clarity I was informed that I was being released due to the fact that I was on parole. This information was delivered verbally from company supervisor in corporation's... View More
You are entitled to a fair and complete explanation. You may contact the state labour board and request a hearing. A local labour law attorney who handles employees' claims may be helpful to you. You should request a full explanation from your former employer IN WRITING. Ask for a complete...View More
I went shopping at Wal-Mart last month and purchased a keyboard along with 3 other items. I went thru self checkout and paid for my items. Upon leaving the store an employee said something to me which I couldn't hear since I had headphones in watching a video. I walked to my car and headed... View More
From a practical standpoint, many attorneys do not stop and think to delve deeply into the moral issues because they tend to be more focused on its use as a tool for handling court registry funds. Their immediate attention tends to be more on individual cases.
There are several factors that would impact the applicable law, including the workers' job title, type of employer, and the place where the incident occurred. For example, if the worker was injured on a vessel, while working as a member of the crew, then the claims may fall under the Jones...View More
The U.S. Coast Guard, Office of Commercial Vessel Compliance should be able to provide direction here. OSHA also provides information under the Seaman's Protection Act - https://www.osha.gov/Publications/OSHA3762.pdf.
In general, reputable employers will take steps to arrange for maintenance payments soon after a preliminary investigation is able to verify the facts of an accident/injury. Maintenance is generally paid until the employee reaches maximum medical improvement. Some court decisions use similar terms...View More
The statute of limitations for Jones Act cases is generally three years. This is a general answer and there are exceptions. If you are inquiring beyond learning general information, and you were in fact injured aboard a vessel, you should immediately consult with a attorney who is knowledgeable in...View More
It is possible that legal causes of action could arise against both vessels. Maritime law prescribes to the doctrine of comparative liability. This means that in a collision setting in general (the particular details and circumstances of your vessel's collision are not outlined here), both...View More
It depends. It doesn't really matter whether the shipowner is a US citizen, what matters is how much contact the boat has with the US or any particular state, in order to determine whether there is jurisdiction.
The general maritime personal injury statute of limitations is 3 years.
46 U.S. Code § 30106 - Time limit on bringing maritime action for personal injury or death. Except as otherwise provided by law, a civil action for damages for personal injury or death arising out of a maritime tort...View More
Thank you for your question. The answer depends upon what “category” of worker you are talking about. A “seaman” would not be eligible or qualify for worker’s comp. A seaman’s remedy after being injured on the job falls under the "Jones Act” and General Maritime Law remedies,...View More
The answer depends upon what category of worker you fall into. If you are a seaman or fisherman, you would be covered by the "Jones Act" and general maritime law. If you are a longshoreman or harborworker, you would be covered by Longshore and Harborworkers Compensation Act (a worker's comp law).
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