Admiralty & Maritime
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
New OSHA Rule-Making In Progress: I2P2
The Occupational Safety and Health Administration (OSHA) is in the process of developing new workplace standards that would call upon employers to identify hazards... 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
Highlights from the Signal Maritime Conference 2012
Another successful Signal Maritime Conference was held in Philadelphia this year, with knowledgeable and informed speakers discussing a wide variety of interesting and relevant... More
DBA Settlements Can Be Based on a Peer Review Medical Report
Claimant appealed the decision of an Administrative Law Judge (“ALJ”) who approved Claimant’s Section 8(i) settlement agreement. Claimant, a Defense Base Act employee, was injured when... 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