June 15th, 2017
US Court of Appeals for the Fifth Circuit Opinions
Lee v. Offshore Logistical & Transport
Opinion Date: June 12, 2017
Judge: Catharina Haynes
Areas of Law: Civil Procedure, Admiralty & Maritime Law, Personal Injury
Plaintiff filed suit against Offshore under the Jones Act, alleging maritime claims for negligence and unseaworthiness arising out of an alleged injury he suffered. The Fifth Circuit vacated the district court's grant of summary judgment in favor Offshore and remanded for reconsideration in light of the current Federal Rule of Civil Procedure 56, including whether the particular material to which objection was lodged can or cannot be presented in a form that would be admissible at trial. In this case, the district court relied on a prior version of Rule 56 and cases thereunder to discount the signed but unsworn report of Captain James P. Jamison.
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