Admiralty & Maritime
Section 8(f) Relief Overturned Because of Deficient Record
On October 31, 2005, the claimant sustained a compensable rotator cuff injury and, after a hearing, the Administrative Law Judge (“ALJ”) awarded benefits. The ALJ also... More
Eleventh Circuit’s Borrowed-Employment Standard for Longshore Cases
Author: Jon B. Robinson Recently, the United States Court for the Eleventh Circuit addressed the Longshore Act’s exclusivity provision, Section 905(a), as it applied... More
Vessel Owner Breaches Duty to Provide Prompt Medical Treatment
Author: Jacques P. DeGruy Judge Vance of the Eastern District recently entered partial summary judgment in favor of an injured seaman, finding that the... More
Cap on Punitive Damage Under Fire
In 2008, nineteen years after Exxon’s supertanker Exxon Valdez grounded on Bligh Reef fracturing its hull and spilling millions of gallons of crude oil... More
Deepwater Horizon A Vessel, Admiralty and OCSLA Jurisdiction Applied, Etc.
On August 26, 2011, Judge Barbier of the Eastern District of Louisiana issued his Order and Reasons in response to various Motions to Dismiss... More
Mooring: The Respective Duties and Responsibilities of Vessel and Wharfinger
A heavily laden bulk carrier is scheduled to arrive at midnight at your wharf on the Mississippi River. The river is running high and... More
W.D. Wash: Loss of Consortium Available in Unseaworthiness Claim
In an opinion that is interpretive of the landmark decision in Atlantic Sounding Co., Inc. v. Townsend, 129 S.Ct. 2561 (2009), U.S. District Judge... More
Eleventh Circuit’s Borrowed-Employment Standard for Longshore Cases
Section 905(a) of the Longshore and Harbor Workers’ Compensation Act (“LHWCA”) provides that an employer’s liability for workers’ compensation benefits to an employee “shall be... More
The Value of Thorough Pre-employment Screening
In the maritime work force, workers fall generally into two groups. There are those who work aboard vessels and in the eyes of the... More
Louisiana: A State Employee May Sue Louisiana Under the Jones Act
On July 1, 2011, the Supreme Court of Louisiana held that Louisiana waived its sovereign immunity from suit for injury to persons, and that... More