HARRINGTON v. ATLANTIC SOUNDING CO., INC.

Docket No. 07-4272-cv.

602 F.3d 113 (2010)

Frederick J. HARRINGTON, Jr., Plaintiff-Appellee, v. ATLANTIC SOUNDING CO., INC., Weeks Marine, Inc., and MV Candace, her engines, equipment and tackle, in rem, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: April 16, 2010.


Attorney(s) appearing for the Case

Todd P. Kenyon (Ronald Betancourt, of counsel), Betancourt, Van Hemmen, Greco & Kenyon, New York, NY, for Defendants-Appellants.

Jacob Shisha, Tabak, Mellusi & Shisha, New York, NY, for Plaintiff-Appellee.

John P. James, Friedman & James LLP, New York, N.Y. (James P. Jacobsen, Vice-Chair, AAJ Admiralty Law Section, Seattle, WA, Ross Diamond, Chair, Admiralty Law Section, American Association for Justice, Mobile, AL, on the brief, Kathleen Flynn Peterson, President, American Association for Justice, Minneapolis, MN, of counsel), for Amicus Curiae American Association for Justice.

Judge CALABRESI dissents in a separate opinion.


JOHN M. WALKER, JR., Circuit Judge:

Plaintiff-Appellee Frederick J. Harrington, Jr., ("Harrington") filed this action in the United States District Court for the Eastern District of New York (Nina Gershon, Judge), against Defendants-Appellants Atlantic Sounding Co., Inc., Weeks Marine, Inc. (Atlantic Sounding's corporate parent), and the vessel MV CANDACE (collectively, "Defendants") pursuant to the Jones Act, 46 U.S.C.App. § 688, seeking recovery for...

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