Admiralty & Maritime
Third Circuit Affirms Denial of Longshore Benefits
Claimant alleged that he injured his wrist and then, in a second incident, his shoulder, spine and back. He returned to work after each... More
DOL Issues Preliminary National Average Weekly Wage Estimates for 10/01/2012
The Department of Labor issued its preliminary estimates for the National Average Weekly Wage change going into effect on October 1, 2012. National Average... More
Clean Water Act: EPA Assesses Pollution Fines and Penalties Against South Louisiana Marine Transportation Company
$525,000 in fines and penalties was assessed recently against an area tug operator/shipyard following its guilty plea earlier this year. Cenac Towing Co. was... More
Unenforced Cell Phone Usage Policy May Prevent Limitation of Liability
An excursion boat carrying 35 passengers stalled and anchored in the Delaware River’s navigational channel. As the boat waited for a tow, a tug... More
The “Substantial Evidence” Test Outlined in a Hearing Loss Case
Recently the United States Court of Appeals for the Fifth Circuit addressed an employer’s burden of providing “substantial evidence” in rebutting evidence amounting to... More
Factual Disputes Over Timing Preclude Summary Judgment on McCorpen Defense
United States District Court Judge Lance Africk recently addressed an interesting timing issue in connection with an employer’s McCorpen defense. Plaintiff, Danilo Peralta, sustained... More
Denial of Maintenance and Cure Results in Large Punitive Damage Award
In 2009, the U.S. Supreme Court sent shock waves through the maritime industry and legal community when it ruled that a Jones Act employer... More
Collateral Source Rule Does Not Apply to Cure Expenses; Attorney’s Fee Claim Reversed
It is well established under the General Maritime Law that a seaman who becomes injured or ill while in the service of the vessel... More
Post Traumatic Stress Disorder Litigation
When the attorney for a person allegedly injured in an accident filed his lawsuit, he would almost without exception, include claims for anxiety, stress... More
BP Oil Spill: Louisiana Fourth Circuit rules that Oyster Damage Claims arising out of Louisiana Emergency Coastal Protection Response must be tried in Baton Rouge; Case transferred from Plaquemines Parish
Following the massive BP oil spill, the State of Louisiana sought to protect a portion of its wetlands by constructing a massive “sand berm”... More