Castillo v. Spiliada Maritime Corp. - United States Court of Appeals for the Fifth Circuit

Castillo v. Spiliada Maritime Corp.

By United States Court of Appeals for the Fifth Circuit

  • Release Date: 1991-09-10
  • Genre: Law

Description

On Petition for Rehearing In its petition for rehearing, Spiliada Maritime Corporation correctly notes that the plaintiffs on remand do not have a right to a jury determination regarding the validity of releases which they had signed. The suggestion in our original opinion -- 937 F.2d 240 -- that the plaintiffs did have a right to a determination, therefore, is erroneous. This error, however, does not change either our analysis or the result of the case. While we do not hold that the releases are invalid as a matter of law, we maintain our conclusion that there is a sufficient question of fact regarding the validity of the releases that the district court should exercise jurisdiction over the plaintiff's wage claim. The sentence located on page 247 of our original opinion which reads ""Consequently, Plaintiffs are entitled to a jury determination as to the validity of the releases"" is amended to read ""Consequently, Plaintiffs are entitled to a trial proceeding in which they might attempt to establish the invalidity of the releases."" In all other respects, the petition for panel rehearing is DENIED.

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