Did the Hawaiian Jones Act Challenge Fail?
According to MarineLog.com, the U.S. Court of Appeals for the Ninth Circuit turned away a challenge to the Jones Act recently by a corporation and six people in Hawaii.
The news source reported that the Hawaiian plaintiffs had shipping interests and argued that the Jones Act impaired their ability to conduct interstate trade and violated the United States Constitution.
Initially, a U.S. District Court dismissed the case, although the plaintiffs appealed the ruling. The Court of Appeals affirmed the lower court’s decision, concluding that the constitutional challenge would not have prevailed anyway, saying that the argument that the Jones Act is a “restraint of trade” is irrelevant because the “Commerce Clause of the U.S. Constitution gave Congress broad authority to impose such a restraint.”
The website reported that the Court of Appeals also said that there was no proof that shipping rates in Hawaii would decline if the Jones Act were repealed.
How the Jones Act Helps Injured Maritime Workers
Our maritime attorneys are happy with this ruling. The Jones Act is incredibly important to injury victims, as some maritime employees are often not eligible for the same workers’ compensation claims that help people in other industries.
The Jones Act protects injured seamen by placing the blame on negligent employers if unsafe conditions are prevalent that can lead to injuries. If you have questions about this, in the video above, maritime attorney David Anderson explains the importance of the Jones Act.
Remember, maritime law is incredibly complex. Our attorneys have represented injured seamen and commercial maritime workers from across the country. Talk to our firm about which laws may apply to your case.
Latti & Anderson LLP – Nationwide Maritime Attorneys