Westar Marine Services, Inc. v. Bayly

[B]Date Decided[/B]: May 10th, 2010
[B]Decided By[/B]: California Northern District Court (federal)
[B]Court[/B]: U.S.D.C. N.D. California
[B]Citation[/B]: Westar Marine Services, Inc. v. Bayly 2010 WL 1881093 (N.D. CA 2010)
[B]Background[/B]:
Westar Marine Services, Inc. (Westar) filed this declaratory relief action to seek a court judgment that David Bayly is not entitled to maintenance and cure. In response to Westar’s action, Bayly seeks to dismiss. Bayly was working as a deck engineer aboard a tugboat owned by Westar. He was injured when he fell off a ladder aboard the Tugboat. Westar filed this suit in federal court and Bayly filed suit in California state court. Bayly alleges that the federal court should dismiss Westar’s suit in deference to his action in state court. Read More…

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