What is a Landmark Case?
Whenever an appellate court issues a ruling that changes the law or applies the law in a new and different way, a landmark case may be involved. These decisions are few and far between and only occur on rare occasions. They may begin the start of a shift in the law that can have broad and significant impact and meaning. Handling a landmark case is always challenging as an attempt is being made to make new law or to change existing law. Very few attorneys are ever involved in a landmark case. Landmark cases are frequently cited by other courts in support of their decisions.
Members of this firm have successfully handled numerous landmark cases. Most of them are in the area of admiralty and maritime law dealing with claims by passengers or seafarers. They are summarized as follows:
- Cruise Lines Held Liable to Passenger for the Negligence of Ship's Doctor, Even Though Doctor is an Independent Contractor
- Casenote on Carlise v. Canival - cruise passenger Carlise was the first or one of the first cruise passengers to have a sucessful medical malpractice claim against a cruise line. [pdf, 124Kb]
- Supreme Court rules that seaman can recover punitive damages in admiralty for maintenance and cure situations.
- Seafarer Injured in Separate Accident on Land While Getting Maintenance and Cure From the Shipowner or Employer Was Entitled to Received Continued Maintenance and Cure for the Separate Accident
- State Medical Malpractice Presuit Procedures Did Not Apply to Claim of Medical Negligence by Passenger Against Doctor and Nurse on Cruise Line Vessel
- Federal Court Rules Seafarers who Become Sick or Injured While Working on a Ship are Entitled to Lost Tips as Part of Their Sick Wages Under Maintenance and Cure
- Seaman had Retalitory Discharge Claim Against Vessel Owner by Reason of Being Fired for Refusing to Lie Under Oath for the Shipping Company
- Physician with Staff Priveleges had Claim Against Hospital for Tortious Interference, Breach of Contract and Good Faith Claims Where Hospital Interfered with Patient Referrals
- Seaman Did Not Need an Expert Witness at Trial
- Even Though Seaman Settled Injury Claim Prior to His Death, His Family Could Make a Second Recovery for the Same Accident
- Error to Allow Proof of Receipt of Workers Compensation Benefits into Evidence at Trial
- Error in Medical Negligence Case to not Allow Interrogatories Regarding Textbooks Regarded as Authoritative by Defendant Physician
- First Class Action in Admiralty Allowed