Admiralty & Maritime
The Fourth Amendment Rights vs. Boarding Power of the United States Coast Guard
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated,... More
Court Enforces a “No Reemployment” Provision in a Longshore Settlement
California’s Second Appellate District issued an interesting unpublished case. In Homeport Insurance Services, Inc. v. Lundy, the court addressed whether a “no reemployment” provision... More
Punitive Damages Awarded Against a Jones Act Seaman
In what is believed to be a case of first impression, a jury in federal court in Illinois has awarded punitive damages against a... More
When Does a Negligent Act Become Intentional?
When a non-seaman worker is injured on the job in Louisiana, whether he is working a “land- based” job or working as a longshoreman... More
Cook Lacks Seaman Status
Plaintiff, who worked as a cook on a barge, evacuated the barge because of a fire. He injured his neck and back while jumping from the... More
The Sometimes Harsh Realities of Joint and Several Liability
The doctrine of joint and several liability is not unique to the maritime law. In fact, it dates back to at least the 18th... More
National Average Weekly Wage Percent Increase for 10/01/2012
The Department of Labor (“DOL”) published the percent increase for the National Average Weekly Wage (“NAWW”), which will go into effect on 10/01/2012. As of... More
Child Support and Longshore/DBA Benefits
An oft-asked question is whether child support payments can be garnished from Longshore and Harbor Workers’ Compensation Act (“LHWCA”) or Defense Base Act (“DBA”) workers’ compensation... More
Section 33(g)’s “Trap for the Unwary”
A surefire way to forfeit future benefits is to fail to follow Section 33(g). In our practice, we come across Section 33(g) cases now and again, and it... More
Fifth Circuit Affirms Summary Judgment on Seaman’s Negligence, Unseaworthiness and Maintenance and Cure Claims
In a recent unpublished opinion, the United States Fifth Court of Appeals reviewed a district court’s grant of summary judgment dismissing a plaintiff’s negligence,... More