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April 12th, 2013

NBF attorneys Chris Nicoll and Noah Jaffe co-authored an amicus brief submitted to the Washington Supreme Court on behalf of the Washington Defense Trial Lawyers Association in Dean v. The Fishing Company of Alaska, Inc., et al.  Dean was an injured seaman who received the general maritime remedies of maintenance and cure for several years, until the vessel owner’s doctor determined that he had reached maximum medical cure and his payments should be discontinued. Dean filed a pretrial motion for summary judgment seeking reinstatement of his remedies. The issue on appeal was what standard of review the court was to apply: the summary judgment standard, requiring all doubts to be resolved in the vessel owner’s favor as the non-moving party; or whether the burden of proof should be altered for such motions and doubts resolved in favor of the seaman.