Navigability a Question of Fact for Federal Courts

The United States district courts have original jurisdiction over any civil case of admiralty or maritime jurisdiction.  Admiralty jurisdiction in tort cases requires that... More

Longshore Fraud Nets Prison Time

Mervin J. Noel, 51, of Breaux Bridge, Louisiana, plead guilty to one count of making false statements to continue receiving workers’ compensation benefits under... More

Loyola Law School’s Annual Longshore Conference Is An Important Industry Event

The Annual Longshore Conference sponsored by Loyola Law School in cooperation with the United States Department of Labor, will be held March 19th and... More

Investigation of Marine Casualties – Rights of Parties in Interest

When a marine casualty occurs the U.S. Coast Guard is empowered to conduct an investigation to determine “as closely as possible” the cause of... More

Top Workers’ Compensation Blog Honoree – 2014

We received a great Christmas present the other day.  LexisNexis included Navigable Waters as one of the Top Blogs for Workers’ Compensation and Workplace... More

Tort Law’s “Zone of Danger” Test is Not Applicable to Longshore Psych Claims

While operating a forklift, claimant accidentally struck and killed a fellow employee.  Claimant’s testimony revealed that, after the accident, he and other employees attempted... More

What to Do When Your Dock is Damaged By a Ship With a Compulsory Pilot on Board

Pilotage has existed since ancient times and is as necessary and important now to commercial shipping as it was when Roman law set forth... More

Eastern District of Missouri Holds that Plaintiff Was Not a Jones Act Seaman

Defendant owns a large facility on the bank of the Mississippi River that loads materials onto barges and rail cars.  Also, Defendant owns four... More

Fifth Circuit Addresses Definition of Seaman Under the Fair Labor Standards Act

Under the Fair Labor Standards Act (FSLA), for every hour that an employee works beyond 40 hours in a seven day work week, that... More

BRB Weighs Widow Status, Remands for Justifiable Cause and Conjugal Nexus Determination

Decedent worked as a crane operator for twenty years, including six years for Employer.  He retired in 2004 because of orthopedic problems.  In 2008,... More