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A recent “unpublished” decision from the U.S. Fifth Circuit addressed the issue of whether a maritime lien can attach to on offshore floating production platform.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