Admiralty & Maritime
Fourth Circuit Denies LHWCA Attorney’s Fees Because Compensation Was Paid Within 30 Days
In a new, important Longshore and Harbor Workers’ Compensation Act (“LHWCA”) decision, the Fourth Circuit addressed Section 928(a) attorney’s fees and the meaning of... More
Plaintiff-Seaman Can’t Recover Emotional Damages For Witnessing Injury To Someone Else
Plaintiff worked as a vessel repair supervisor at his employer’s shipyard facility. His primary responsibility was the maintenance and repair of Employer’s life boats. ... More
Fifth Circuit Holds that Carrier Has Right of Reimbursement Against a Jones Act Settlement
In a new published decision, the Fifth Circuit addressed “whether an insurer who makes voluntary [Longshore and Harbor Workers’ Compensation Act (“LHWCA”)] payments to... More
Dock Owners Liability
Boarding and disembarking from vessels. Without a second thought, mariners do it day in and day out – – most of the time without... More
HIPAA and the Longshore Act
Part of the Health Insurance Portability and Accountability Act (“HIPAA”) addresses patient privacy. Certain procedures must be followed when sensitive health information is transferred,... More
Alabama: Prior Longshore Settlement Not Determinative of Seaman Status
Purdue and Williams worked as line handlers for a shipping company that provided line-handling services to vessels docking and undocking at various terminals in... More
Failing to Participate in Proceedings Justified Dismissal With Prejudice
Plaintiffs, Atlantic Sounding and Weeks Marine, filed a declaratory judgment action seeking a declaration that they did not owe Maurice Fendlason, an injured seaman-employee,... More
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