9th Circuit: If Attorney Fees are Reduced More Than 30% the District Court Must Explain Why

The U.S. Court of Appeals for the Ninth Circuit recently addressed another attorney fee dispute in a Longshore claim.  The Claimant submitted a fee... More

Course & Scope of Employment

By its terms the Jones Act, which provides seamen with their right to bring suit against their employer for injuries sustained, the injury must... More

First Circuit Reverses Summary Judgment on Foreseeability Issue

Plaintiff filed suit against Defendant under the Jones Act and general maritime law after her husband fell and drowned after slipping from an obviously... More

Claimant Was Fired For Failing to Wear a Life Vest, Not Because He Filed a Longshore Claim

Claimant worked as a welder for Employer.  On June 4, 2010, Claimant injured his low back and groin while lifting an empty gas cylinder. ... More

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A recent “unpublished”  decision from the U.S. Fifth Circuit addressed the issue of whether a maritime lien can attach to on offshore floating production platform.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