Legal Opinion

Kevin Lipscomb v. Foss Maritime Company

Court of Appeals for the Ninth Circuit

Decided May 10, 1996No. 95-35418PublishedCited by 22 opinions

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

  1. Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
  2. Vaughan v. AtkinsonSupreme Court of the United States · 1962
  3. 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
  4. Cortes v. Baltimore Insular Line, Inc.Supreme Court of the United States · 1932
  5. Farrell v. United StatesSupreme Court of the United States · 1949

10 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Chad Barnes v. Sea Hawaii Rafting, LLCCourt of Appeals for the Ninth Circuit · 2018
  2. Padilla v. Maersk Lind, LimitedCourt of Appeals for the Second Circuit · 2013
  3. Cabrera Espinal v. Royal Caribbean Cruises, Ltd.Court of Appeals for the Eleventh Circuit · 2001
  4. James Joyce v. Maersk Line LtdCourt of Appeals for the Third Circuit · 2017
  5. Padilla v. Maersk Line, Ltd.District Court, S.D. New York · 2009

17 more not listed; retrieve them via the Exa API.

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