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Court of Appeals: Seamen Are Smart, Too

December 5, 2007

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In a recent maritime decision, the NY Court of Appeals pointed out that the "ward of the admiralty" doctrine is eroding. Although the Court noted the "vitality" of the doctrine was not the main issue, it held that the doctrine was outweighed in this case by the federal policy favoring arbitration. The Court thus enforced an agreement to arbitrate a Jones Act claim (provided an evidentiary hearing was held).
<a href="http://www.law.cornell.edu/nyctap/I07_0158.htm">http://www.law.cornell.edu/nyctap/I07_0158.htm</a>

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