Admiralty & Maritime
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
Preliminary NAWW Estimates for October 1, 2013
The Department of Labor issued its preliminary estimates for the new National Average Weekly Wage, which is scheduled to take effect on October 1, 2013. These... More
Chief Justice John Roberts’ Favorite Case From the Past Term Was Lozman
Here’s an interesting video where John Roberts calls the Lozman case his favorite from the past term. Tip of the hat to the folks... More
Supreme Court of Alabama Addressed Longshore Exclusivity and Preemption
The Supreme Court of Alabama issued an interesting decision recently. An injured worker filed a state lawsuit against his employer. The injured worker alleged,... More
Hybrid Semi-Submersible Drilling Rig/Spar Not a Vessel
Plaintiffs filed suit against the ATP Titan in rem asserting a maritime lien for unpaid costs and services. Defendant, the ATP Titan filed a... More
En Banc Fifth Circuit Tightens Situs Requirement for Longshore Act
An en banc decision of the United States Fifth Circuit Court of Appeals has vastly amended the scope of the situs requirement under the... More
Second Circuit Gives Seamen Overtime Pay as a Component of Unearned Wages
A class of seafarers who were discharged from service on Maersk ships due to illness or injury sought overtime pay that they would have... More
Solicitor Files Brief in Blackwater Security Consulting v. Director, OWCP
In a prior post, we discussed an Employer’s and Carrier’s Petition for Certiorari filed with the Supreme Court. The Petition was very even-toned and took... More
Pollution Buyback Notice Provision Was Condition Precedent To Recovery
On June 18, 2013, the United States Fifth Circuit Court of Appeals issued its decision in the case captioned In re Matter of Complaint... More