Barnes v. Andover Co., L.P.

1 Analyses of this case by attorneys

  1. The Third Circuit Overrules a Precedent “On an Important Question of Maritime Law”

    Lite DePalma Greenberg, LLCBruce GreenbergDecember 6, 2017

    Following the lead of several of our sister circuits, we now hold that a union contract freely entered by a seafarer– a contract that includes rates of maintenance, cure, and and unearned wages– will not be reviewed piecemeal by courts unless there is evidence of unfairness in the collective bargaining process. In so holding, we overrule our decision in Barnes v. Andover Co., L.P., 900 F.2d 630 (3d Cir. 1990).” The court applied de novo review to overturn a summary judgment in favor of defendant.