Admiralty & Maritime
OSHA’s Vertical Tandem Lift Standard Addressed by D.C. Circuit
On December 10, 2008, the Occupational Safety and Health Administration (“OSHA”) published a final rule regulating the use of vertical tandem lifts (“VTLs”). The... More
Bridge Vacuumer Was Not a Longshoreman
Claimant’s main duty in his employment with employer was to vacuum debris which fell into a containment area on a bridge over the Ohio... More
New OSHA Regs for Shipyards: 29 C.F.R. § 1915, Subpart F
Under the Occupational Safety and Health Act of 1970, employers are statutorily responsible for providing safe workplaces for their employees. The Department of Labor’s... More
Coast Guard Policy Letter Admissible to Interpret Statute
According to 46 U.S.C. § 8104(h), a licensed mariner may not work more than 12 hours in a consecutive 24-hour period. This is commonly... More
SCOTUS Addresses Fee Shifting in Fox v. Vice
On Monday, the Supreme Court of the United States issued its opinion in Fox v. Vice, a civil rights attorney fee case. In Fox,... More
General Jurisdiction Statement Supported Rule 9(h) Election
Plaintiff brought suit alleging general maritime law and admiralty jurisdiction, along with a prayer for a trial by jury. Defendant argued that Plaintiff was... More
Uberrimae Fidei: Utmost Good Faith
Uberrimae fidei, utmost good faith, is an ancient marine insurance doctrine. Historically, all insurance policies were contracts uberrimae fidei, meaning both parties were held... More
BRB: Error to Adjust Comp Rate Based on Planned Departure from Afghanistan
Claimant, a Defense Base Act (“DBA”) employee working as a security guard in Afghanistan, injured his back in the course of his work-related training. ... More
Dock Leases: Can They Insulate the Landlord From Liability?
The Eighth Circuit Court of Appeal, in the matter of Sander v. Alexander Richardson Investments, 334 F. 3d 712 (8th Cir. 2003), was asked... More
Workers’ Compensation, Social Security Disability Benefits, and Taxation
Generally speaking, workers’ compensation benefits are not taxable. 26 U.S.C. § 104(a)(1). This includes compensation benefits paid under the Longshore and Harbor Worker’s Compensation... More