ADWB frequently acts as co-counsel with attorneys from around the country when they have particularly challenging issues. Recently, the employer obtained a federal court injunction in East St. Louis, Illinois against a seaman’s Jones Act case in Madison County, Illinois. The injunction prevented the case from going forward. As a result, the client’s ability to recover compensation for his injuries would have been put on hold while the employer spent months or years arguing a side issue in federal court. Working with counsel from Chicago, Illinois, ADWB partner Roy Dripps prepared a motion to dissolve the injunction and to permit the state court proceedings in Madison County to go forward. Roy had previously argued a similar issue in the United States Supreme Court and had obtained a unanimous ruling in that case, Lewis v. Lewis & Clark Marine, Inc., that allowed the Jones Act case to stay in Madison County against the Granite City towboat company. In the American Tugs case, Judge Reagan found that “the instant proceeding is the functional equivalent of a single claim case, and American Tugs’ federal interest in seeking limited liability is adequately protected.” Because of that finding, the Court dissolved the injunction and permitted the Madison County Jones Act case to go forward. As a result of Mr. Dripps’ motion, this client will be able to get his case to court months, if not years, faster than he would have otherwise.
