United States Fifth Circuit

In a Jones Act and general maritime law action brought by an injured Derrickman against defendant-employer, denial of plaintiff's Fed. R. Civ. Proc. 60(b) motion to vacate a dismissal order is vacated and remanded where the district court abused its discretion in failing to conduct an evidentiary hearing the evidence on the motion as it was not clear that plaintiff relinquished his rights with an informed understanding and a full appreciation of the consequences when he allegedly settled his claim.

Appellate Information

• Decided 11/15/2007
• Published 11/16/2007

Judges

• BENAVIDES, Circuit Judge:, Before HIGGINBOTHAM, GARZA and BENAVIDES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Paul Richard Lambert (argued), Hattiesburg, MS, for Steverson.


• For Appellees:
  
• Paul J. Delcambre, Jr. (argued), Balch & Bingham, Gulfport, MS, for Defendant-Appellee.