Admiralty & Maritime
Common Law Tort Claims Preempted by the DBA’s and LHWCA’s Exclusivity Provisions
Claimant was injured in a roadside bomb attack. The employer and carrier paid medical and indemnity benefits pursuant to the Longshore and Harbor Workers’... More
Presumption of Negligence Not Applicable
Defendant’s pipe tank broke loose from its mooring to a crane barge and struck a recreational fishing boat, causing injury to Plaintiffs. Plaintiffs filed... More
SCOTUS Issued Summary Disposition Reversing A Casino Boat Case
Yesterday the Supreme Court of the United States (“SCOTUS”) issued a summary disposition in Lemelle v. St. Charles Gaming Co., Inc. Briefly, in Lemelle, an intoxicated... More
Longshoreman is Injured. Who is Responsible?
Last month the First Judicial District Court of Appeal for Illinois reached its opinion in Ballard v. American Commercial Lines, Inc., et al. The... More
Virginia: Punitive Damages are Not Allowed in a Section 905(b) Action
During his eleven-year tenure as a ship repair staff supervisor, Mr. Minton was exposed to asbestos. Sixteen years after his employment ended, he was... More
DOL Proposes Revisions to Rules of Practice Before the Office of Administrative Law Judges
The Department of Labor (“DOL”) has proposed to revise the Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law... More
Defense Base Act Class Action Lawsuit Dismissed
A friend of the blog mentioned that I should have included one additional case, Brink v. XE Holding, LLC, in the Top 5 list. I... More
Top 5 Longshore Cases for 2012
It is that time of the year again. Subjective lists and year-end round-ups dominate the blogosphere. Why should we be any different? Accordingly, here... More
Aquaculture Workers are Excluded from Longshore Benefits
Claimant filed a claim for hearing loss against Ingalls Shipbuilding, whom he worked for as a pipefitter in 1944, and Clark Seafood, which employed Claimant... More
Great Law Review Article: Professor LeCesne’s “Crude Decisions” Is Slick
Professor Blaine LeCesne of Loyola University New Orleans College of Law recently published an excellent article in the Michigan State Law Review that is... More