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National Marine Service v. Petroleum Service Corp.

United States Court of Appeals for the Fifth Circuit
736 F.2d 272 (1984)

Written by Daniel Clark, JD

Facts

National Marine Service, Inc. (plaintiff) brought a maritime products-liability case against Petroleum Service Corporation (defendant). Petroleum Service raised an assumption-of-risk defense, a defense that, historically, completely barred a plaintiff’s recovery if successful. On appeal, the Fifth Circuit used the case as an opportunity to decide whether absolute defenses should still be allowed in products-liability cases under general maritime law.

Rule of Law

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Issue

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Holding and Reasoning (Johnson, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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