Legal Opinion

McGraw v. J. Ray McDermott & Co.

District Court, E.D. Louisiana

Decided December 8, 1978No. Civ. A. No. 77-2056Published

1Opinion of the Court

CHARLES SCHWARTZ, District Judge.

This matter is before the court on defendants’ motion for separate trial on the issue *24of seaman’s release, and plaintiff’s opposition memorandum. The court heard argument of counsel at a status conference on December 8, 1978. Having considered the oral and written arguments of counsel, the record and the law, the court rules as follows:

The burden is on the party seeking to uphold a seaman’s release to “show that it was given by the seaman with an informed understanding of his rights and a full appreciation of the consequences of his release.” Cates v. United…

2Cases cited22 opinions

Dice v. Akron, Canton & Youngstown RailroadSupreme Court of the United States · 1952
Garrett v. Moore-Mccormack Co., Inc.Supreme Court of the United States · 1943
Callen v. Pennsylvania RailroadSupreme Court of the United States · 1948
Frank W. Cates, Cross-Appellant v. United States of America, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1971
Bay State Dredging & Contracting Co. v. PorterCourt of Appeals for the First Circuit · 1946

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