Admiralty & Maritime
Fortuity Doctrine Prevented Coverage for Known Loss Following Boating Accident
The Fifth Circuit recently issued an unpublished decision discussing the application of the “fortuity doctrine” under Texas Law. The underlying lawsuit involved a boating... More
Supreme Court Petition Filed in Dize v. Association of Maryland Pilots
On April 18, 2014, counsel for Jennifer Dize, the personal representative of the Estate of William Smith Dize, filed a interesting and very well-written... More
Military Contractors Are a Way of Life, Now and in the Future
How important are contractors to the Department of Defense? Very. Contractors are indispensable. According to the Congressional Research Service (“CRS”), “the military is unable... More
Removal of a General Maritime Claim
A recent amendment to the widely-utilized removal statute, 28 U.S.C § 1441, now allows for removal of a general maritime law claim to federal... More
Florida Court Strikes Award of Attorney’s Fees to a Seaman Under Florida’s Offer of Judgment Statute
Plaintiff worked for Employer and made a claim for Jones Act negligence, failure to treat, maintenance and cure, unearned wages and unseaworthiness. Prior to... More
BRB: ALJs are Not Required to Use K.S. to Calculate Average Weekly Wage
The Benefits Review Board (“BRB”) recently discussed average weekly wage calculations in an unpublished Defense Base Act decision. In Hamidzada v. Mission Essential Personnel,... More
Summary of the 1972 Amendment to the Longshore Act Regarding Attorneys’ Fees
It is sort of a slow news day, so here is a little slice of history. In 1972, the Longshore and Harbor Workers’ Compensation... More
Summary Judgment Was Not Appropriate in Jones Act Case Against Louisiana
Plaintiff worked on a ferry boat operated by the State of Louisiana, Department of Transportation and Development. On August 1, 2007, she slipped and... More
Reporting a Marine Casualty: When is it Necessary?
Since 1986 those in the maritime industry have been required by law to submit to the US Coast Guard a Report of Marine Casualty,... More
Chief Judge of Benefits Review Board to Retire
Hon. Nancy S. Dolder, Chief Judge of the Benefits Review Board, has announced her retirement effective April 30, 2014. Judge Dolder was appointed as... More