Albert Jackson v. Delaware River

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NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 04-1696
ALBERT JACKSON,
Appellant
v.
DELAWARE RIVER AND BAY AUTHORITY
____________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
(D.C. Civ. No. 03-cv-01236 )
District Judge: Honorable Joseph E. Irenas
____________
Submitted Under Third Circuit L.A.R. 34.1(a)
November 16, 2004
Before: ROTH, SMITH and WEIS, Circuit Judges.
(Filed: December 1, 2004)
_______________
OPINION
WEIS, Circuit Judge.
Plaintiff was a seaman employed by defendant. He served on the
defendant’s ferries for more than ten years. In June 2002, plaintiff settled a lawsuit that
he and others had brought against defendant alleging racial discrimination and complaints

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about working conditions. The settlement agreement was reached after a day of trial in
the District Court and after extensive negotiations. The District Court approved the
settlement.
An important feature of the agreement was Jackson’s resignation. Soon
after the settlement, plaintiff filed this suit against defendant alleging entitlement to
maintenance and cure, as well as damages under the Jones Act.
After discovery, the District Court granted summary judgment for defendant
based on the language of a release plaintiff had signed as part of the settlement
agreement. The Court concluded that the words “all claims” in the release were to be
read literally and thus barred the suit based on maritime law.
We have carefully reviewed all of the contentions raised by plaintiff seeking
to find the release inapplicable. The plaintiff’s assertions are not persuasive. Essentially,
for the reasons set out in the carefully drawn and comprehensive opinion of the District
Court, we will affirm.
Accordingly, judgement of the District Court will be affirmed.

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