A. Court Approval Required. No suit in admiralty or civil action to which a
seaman is a party shall be compromised, settled, discontinued or amicably or
voluntarily dismissed except after approval by the Court pursuant to a petition
presented by the seaman's attorney and upon payment to the Clerk of Court of
the filing fee.
B. Contents of Petition. In all such cases, the seaman's attorney shall file with
the Clerk of Court, as part of the record, a petition containing:
1. a statement of the essential facts relating to liability;
2. the elements of claimed damage, including a statement of amounts
already paid to or on behalf of the seaman;
3. a statement of services rendered by counsel;
4. the expenses incurred or to be incurred by counsel; and
5. the amount of fees and expenses requested by counsel.
The petition shall also include copies of written statements of those physicians
who have treated or examined the seaman setting forth the nature of the injuries
and the extent of recovery and a copy of the release, if any, signed or to be
signed by the seaman. The petition shall be verified by the seaman's attorney.
November 1, 2016 Local Rules of Court
Western District of Pennsylvania
C. Seaman to Appear. No such compromise, settlement, discontinuance or
dismissal shall be approved by the Court unless the seaman appears in open
Court before the Judge to whom the petition is presented. At such time, the
Court shall examine the seaman under oath in order to insure that the seaman's
rights are fully protected and that he or she comprehends the nature of the action
being taken by him or her and on his or her behalf before such petition and
release shall be approved and order entered thereon.
D. Contents of Court Order. When a compromise or settlement has been so
approved by the Court, or when a judgment has been entered on a verdict or by
agreement, the Court, upon petition filed by the seaman's counsel, shall make an
order approving or disapproving the agreement entered into by the attorney and
the seaman for the payment of counsel fees and other expenses out of the fund
created by the compromise, settlement or judgment; or the Court may make such
order as it deems proper, fixing counsel fees and other proper expenses. The
petition to be filed by counsel for the seaman in those instances where a
judgment has been entered need only contain a statement of those matters
referred to in LCvR 17.2.B.1-.5. The Court shall then order the balance of the
fund to be paid to the seaman unless he or she be a minor or an incompetent, in
which case the Court shall order the balance of the fund to be paid to a guardian
of the estate of the seaman qualified to receive the fund.
