Joe works for a boat company that hauls barges up and down the Mississippi River. While at work,…

Joe works for a boat company that hauls barges up and down the Mississippi River. While at work, he is seriously injured. A federal law allows maritime workers to file suit in state or federal court and not be subject to workers’ compensation laws. Joe’s lawyer plans to file a lawsuit against his employer for providing faulty equipment to the employees. The jury verdicts in county X have a history of averaging three times as much from those in county Y just 100 miles downstream. One choice for jurisdiction is to file where the accident occurred. Joe has told his lawyer that he is almost certain the boats had passed into county Y when the accident occurred. The lawyer knows that if the accident is claimed to have occurred in county X and the case is filed there, the outcome for Joe and his lawyer is likely to be much greater. The boat was in constant motion, so there is little evidence beyond Joe’s own recollection as to where the accident occurred. To file the suit in county X would effectively result in Joe’s lying under oath.

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