Legal Opinion
Truehart v. Blandon
District Court, E.D. Louisiana
Decided June 13, 1988No. Civ. A. 87-0708PublishedCited by 9 opinions
1Opinion of the Court
Order and Reasons
CHARLES SCHWARTZ, Jr., District Judge.
At the final pre-trial conference held June 3,1988, the Court STRUCK plaintiffs jury demand. The Court now gives written reasons for its ruling.
This is Installment Four of the ever-appearing legal issues over Victor Truehart’s tragic death. As Judge Wisdom has written, “[t]he time has not yet come when a plaintiff is entitled to a jury in every admiralty action.” Durden v. Exxon Corp., 803 F.2d 845, 849 (5th Cir.1986). Because plaintiff has effectively made a Rule 9(h) designation by bringing an in rem claim, he is not entitled to a jury…
2Cases cited14 opinions
- Atlantic & Gulf Stevedores, Inc. v. Ellerman Lines, Ltd.Supreme Court of the United States · 1962
- T.N.T. Marine Service, Inc. v. Weaver Shipyards & Dry Docks, Inc., in Personam, and Against the Tug Ocean Wind, Her Engines, Tackle, Etc., in Rem.Court of Appeals for the Fifth Circuit · 1983
- Merry Shipping, Inc. v. Merry Shipping Company, Inc.Court of Appeals for the Fifth Circuit · 1981
- Tyrone Powell v. Offshore Navigation, Inc., Etc.Court of Appeals for the Fifth Circuit · 1981
- Edward J. Romero v. Bethlehem Steel Corporation, Trident Maritime Agency, Ltd.Court of Appeals for the Fifth Circuit · 1975
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- MacFarland v. United States Fidelity & Guarantee Co.District Court, E.D. Pennsylvania · 1993
- Neal v. Barisich, Inc.District Court, E.D. Louisiana · 1989
- Erica Kaur Ghotra, Minor, by Susan Ghotra Her Guardian Ad Litem Ravinder Singh Ghotra, Minor, by Susan Ghotra, His Guardian Ad Litem Susan Ghotra, an Individual, and as Administratrix of the Estate of Kuldip S. Ghotra Amolak Singh Ghotra and Sarjit Kaur Ghotra v. Bandila Shipping, Inc. "M/v Gracious", Her Engines, Tackle, Apparel, Furniture and Appurtenances, in Rem. v. Palm Maritime, S.A.Court of Appeals for the Ninth Circuit · 1997
- Cantore v. Blue Lagoon Water Sports, Inc.District Court, S.D. Florida · 1992
- Zrncevich v. Blue Hawaii Enterprises, Inc.District Court, D. Hawaii · 1990
4 more not listed; retrieve them via the Exa API.