Admiralty & Maritime
Fourth Circuit Reasons that Prior Attorney Fee Awards May Serve as a “Barometer” for the Prevailing Market Rate
The Fourth Circuit issued a new Black Lungs Benefits Act (“BLBA”) decision that is also particularly important for Longshore and Harbor Workers’ Compensation Act... More
Negligence Per Se
Ordinarily, in a maritime case involving personal injury or property damage, the issue of liability is dependent upon whether the defendant owed a duty... More
Ninth Circuit: Intoxicated Longshoreman Not Entitled to Benefits
On July 26, 2013, the Ninth Circuit published a new Longshore and Harbor Workers’ Compensation opinion addressing injuries “occasioned solely by” intoxication. The facts... More
Second Circuit: Federal Common Law Applies Over Charter Party’s Choice-of-Law Provision in Rule B Attachment Proceeding
Defendant, a Chinese company, contracted with plaintiff, a Liberian company, to transport goods from Brazil to China aboard plaintiff’s vessel. After a dispute over... More
Claimant Wrongfully Sued Employer After the Special Fund Reduced Weekly Benefits
In 2005, Claimant injured his back while working for Employer. Between 2005 and 2010, Claimant continued seeking medical treatment for his back. Following a... More
Nominate Navigable Waters for Inclusion in the ABA Journal’s Blawg 100 List
Each year the American Bar Association prepares a list of the top 100 legal blogs (or blawgs). The nomination form is now available online. Nominations are due... More
Fourth Circuit: Defendant’s Promise to Remedy an Icy Deck Made it Liable to Injured Longshoreman
Defendant, Oldendorff Carriers GmbH & Co. KG, appealed a judgment entered on a jury verdict in a longshoreman’s Section 905(b) claim. See 33 U.S.C.... More
ADA Guidelines for Passenger Vessels
The U.S. Department of Transportation will in the near future be issuing new accessibility guidelines for the construction and alteration of passenger vessels covered... More
Plaintiff Could Not Maintain Maritime Claims Against a Non-Employer and Non-Boat Owner
A pro se plaintiff was hired by an independent contractor for BP America, Inc., to work as a boat hand, installing, inspecting and maintaining... More
Solicitor’s Arguments Rejected in Settlement Approval Order
This post addresses a really interesting settlement order. Two represented parties attempted to enter into a settlement. The District Director disapproved the settlement on... More