Kevin Lipscomb v. Foss Maritime Company
Court of Appeals for the Ninth Circuit
1Opinion of the Court
FLETCHER, Circuit Judge:
The shipowner Foss appeals the district court’s grant of summary judgment in favor of the seaman Kevin Lipscomb. The appeal requires us to determine the proper method for determining a seaman’s “unearned wages” for purposes of his entitlement under the general maritime law to maintenance, cure, and unearned wages when taken ill or injured in the service of a ship. We agree with the district court’s conclusion that a seaman is entitled to the compensation he would have earned had he not been injured, to the extent such determination can be made without speculation.…
2Cases cited15 opinions
- Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
- Vaughan v. AtkinsonSupreme Court of the United States · 1962
- William Earl Warren III v. City of Carlsbad Brian Watson James Thompson Frank Mannen Raymond Patchett Stewart Gary Ann JansenCourt of Appeals for the Ninth Circuit · 1995
- Cortes v. Baltimore Insular Line, Inc.Supreme Court of the United States · 1932
- Farrell v. United StatesSupreme Court of the United States · 1949
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3Cited by22 opinions
- Chad Barnes v. Sea Hawaii Rafting, LLCCourt of Appeals for the Ninth Circuit · 2018
- Padilla v. Maersk Lind, LimitedCourt of Appeals for the Second Circuit · 2013
- Cabrera Espinal v. Royal Caribbean Cruises, Ltd.Court of Appeals for the Eleventh Circuit · 2001
- James Joyce v. Maersk Line LtdCourt of Appeals for the Third Circuit · 2017
- Padilla v. Maersk Line, Ltd.District Court, S.D. New York · 2009
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