Lowering the Bar for Punitive Damages

Punitive damages are recoverable in maritime property damage claims.  Based on decades of jurisprudence it has been widely accepted that in order to award... More

Advanced Consulting’s Defense Base Act Conference Was a Rousing Success

Each January, Advanced Consulting hosts the only national Defense Base Act (“DBA”) seminar focusing on the defense of DBA claims.  Last week, I attended (and... More

Fourth Circuit Addresses “Fraud on the Court”

In one of the first published opinions by the Fourth Circuit in the new year, the appellate court ruled against Claimant/Appellant, holding that an... More

5th Circuit Rules That Offshore Floating Oil and Gas Platform Moored on the OCS Floor Is Not a Vessel and Not Subject to Maritime Lien

A recent “unpublished”  decision from the U.S. Fifth Circuit addressed the issue of whether a maritime lien can attach to on offshore floating production platform.  In... More

Fifth Circuit: Longshore Modification Statute Has a Broad Scope

Claimant injured his right knee while working for Employer on an oil production platform.  Over the next month, Claimant’s left knee began hurting, too. ... More

District Court Lacked Federal Question Jurisdiction on 33(g) Issue

Plaintiff sustained an injury that brought him under the purview of the Longshore and Harbor Workers’ Compensation Act (LHWCA).  He received benefits from the... More

Plaintiffs’ DBA Claims Dismissed By Federal Court For Failure to Exhaust Administrative Remedies

Plaintiffs, both former military subcontractors, sued Employer in federal court, alleging that Employer fired Plaintiffs in retaliation for one of the Plaintiffs filing a... More

Top 5 Longshore Cases of 2013

In this year’s annual list of the top Longshore and Harbor Workers’ Compensation Act (“LHWCA”) cases of 2013, we address situs, settlement standards, average... More

BRB Finds Section 28(a) Fee Liability Applies Throughout Claim

On November 26, 2013, the Benefits Review Board issued its decision in Bell v. SSA Terminals, LLC, BRB No. 13-0055, which addressed a claim... More

Seaman’s Oral Settlement Agreement Valid and Enforceable

Plaintiff, a seaman, injured his foot aboard a vessel owned by defendant. Plaintiff sought medical treatment and eventually had two toes amputated as well... More