Tuesday, August 12th, 2008

9th Cir: Maintenance and Cure

In a “maintenance and cure” claim arising from an accident off the coast of Alaska, the 9th Circuit has affirmed the trial court’s denial of punitive damages and fees, despite the seaman’s success on the merits:

We decline Ward’s invitation to create a per se rule whereby seamen who are forced to file suit in federal […]

Tuesday, August 12th, 2008

DAlaska: Exclusion of Witnesses

In this appeal under the Contract Disputes Act concerning a “requirements” contract for cargo shipped between Adak and the Pacific Northwest, District Judge John Sedwick has:
1) barred plaintiff Samson from calling witnesses first identified after the deadlines for the Final Witness List and for discovery;
2) held that a plaintiff is not required, before trial, to do a Rule 30(b)(6) designation […]

Tuesday, August 12th, 2008

DAlaska: Beistline Holds Teamsters Pension Plan to Mistaken Estimate of Benefits

U. S. District Judge Ralph Beistline has held that the Teamster Affiliates Pension Plan is equitably estopped from retracting its Administrator’s representation of a participant’s benefit amount.
Jacqueline Bloom worked in the Fairbanks office of Teamsters Local 959 from 1970 through 2004.  She qualified for a pension under both the Alaska Teamster-Employer Pension Trust and the Teamster […]