Admiralty & Maritime
New Maritime Articles on SSRN
In case you are in the mood for some light reading, there are a few new articles at the Social Science Research Network that... More
Airborne Hazards and Open Burn Pit Registry Questionnaire
The Department of Veterans Affairs extended the deadline for public comments about its burn pit questionnaire. Although the VA’s focus is on veterans, I... More
Ninth Circuit Agreed that Deficient Evidence Could Not Support Hourly Rate Request
The Ninth Circuit recently approved a reduction in claimed attorney’s fees due to a lack of competent evidence. Following the reduction, the Claimant’s attorney argued... More
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