Admiralty & Maritime
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
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
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