Awards and Honors
Martindale Hubbell - AV rated lawyer - Best Rating Possible
Multi-Million Dollar Advocates Forum
AVVO Top Rated Personal Injury Attorney, 10 of 10
ATLA Top 100
Lawyers.com - Rated 5.0 out of 5.0 - Top Rating Possible
National Trial Lawyers - Top 100 Trial Lawyers
Million Dollar Advocates Forum
American Society of Legal Advocates - Top 100 - 2015
Marquis' Who's Who in the World, Who's Who in America and Who's Who in American Law
AVVO Clients' Choice Personal Injury Lawyer
American Society of Legal Advocates - Top 100 - 2017
Best Attorneys in America - Life Charter Member
Jones Act - Table of Contents
The Jones Act - Cases, Decisions and Opinions
I. IN GENERAL - C. Applicability to Foreign Ships, Seamen, and Occurrences - 3. Nationality or Ownership of Vessel - a. In General
55. Law of the flag
If law of flag is to control in action under 46 USCS Appx section 688, flag must not be one merely of convenience but should be bona fide. Southern Cross S.S. Co. v Firipis (1960, CA4 Va) 285 F2d 651, 84 ALR2d 895, cert den 365 US 869, 5 L Ed 2d 859, 81 S Ct 903 and (disagreed with Swain v Isthmian Lines, Inc. (CA3 Pa) 360 F2d 81 (disagreed with Chung, Yong Il v Overseas Navigation Co. (CA11 Ala) 774 F2d 1043, reh den, en banc (CA11 Ala) 779 F2d 60 and reh den, en banc (CA11 Ala) 779 F2d 60 and cert den (US) 90 L Ed 2d 346, 106 S Ct 1802)) and (disapproved on other grounds Griffin v Oceanic Contractors, Inc., 458 US 564, 73 L Ed 2d 973, 102 S Ct 3245, on remand (CA5 Tex) 685 F2d 139).
Law of flag would not be accorded controlling weight in determining 46 USCS Appx section 688 jurisdiction where vessel involved was drilling rig and not commercial sailing vessel. Phillips v Amoco Trinidad Oil Co. (1980, CA9 Cal) 632 F2d 82, cert den 451 US 920, 68 L Ed 2d 312, 101 S Ct 1999.
In case of injury to American seaman, occurring on foreign vessel on high seas, existence and nature of cause of action for alleged wrong is governed by law of country under which vessel is registered. The Oriskany (1933, DC Md) 3 F Supp 805.
One who engages to serve on board foreign ship necessarily undertakes to be bound by law of country to which ship belongs; jurisdiction of laws of flag nation accompany vessel not only over high seas but everywhere else it may be waterborne. Radovcic v The Princ Pavle (1942, DC NY) 45 F Supp 15.
Jones Act - TABLE OF CONTENTS
Accident Lawyer Hawaii
William H. Lawson, Esq. and
Amy L. Woodward, Esq.
1188 Bishop St. Suite 2902
Honolulu, HI 96813
New client hotline:
Pearl City, Aiea and Waipahu:
Main business phone:
Directions to Honolulu office
HI accident news
Court cases re:
Hawaii accident law
Products Liability - Cases & Comment
Jones Act- maritime law and seaman cases
The Constitution Of The State Of Hawaii
Recent Personal Injury and Car Accident News
Another NTLA Top 40 Under 40 member (like our own Amy Woodward) recently recovered a settlement of $23.5 million for the family of a couple hit head-on by a large commercial delivery truck that negligently swerved across the center line into oncoming traffic. The driver was a sales clerk who had no training driving commercial vehicles and should not have been behind the wheel of that truck. Burley v. Sassin (Brazoria County, Texas)