ARTHUR v. MAERSK, INC.

No. 04-3670.

434 F.3d 196 (2006)

Edward ARTHUR, Appellant v. MAERSK, INC. d/b/a Maersk Line Ltd.; Dyn Corp. Technical Services d/b/a Dyn Marine Services; the United States of America.

United States Court of Appeals, Third Circuit.

January 13, 2006.


Attorney(s) appearing for the Case

Brian P. McCafferty (Argued), Provost & Umphrey, Philadelphia, PA, for Appellant.

A. Robert Degen (Argued), Fox Rothschild, Philadelphia, PA, for Appellees Maersk, Inc. and United States of America.

Michael B. Pullano, Weber, Gallagher, Simpson, Stapleton, Fires & Newby, Philadelphia, PA, Henry A. King (Argued), Michael L. Vincenzo, King, LeBlanc & Bland, New Orleans, LA, for Appellee Dyn Corp. Technical Services.

Before RENDELL, FISHER and VAN ANTWERPEN, Circuit Judges.


VAN ANTWERPEN, Circuit Judge, dissenting.

OPINION OF THE COURT

FISHER, Circuit Judge.

From the high seas comes a question of federal civil procedure. After suffering a series of injuries while working as a merchant seaman, Edward Arthur sued his employers, Maersk, Inc., and Dyn Marine Services of Virginia, Inc.,1 for negligence under the Jones Act, 46 U.S.C. app. § 688. Only later did he realize that, because the...

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