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California’s Second Appellate District issued an interesting unpublished case.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In a recent unpublished opinion, the United States Fifth Court of Appeals reviewed a district court’s grant of summary judgment dismissing a plaintiff’s negligence,...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