Admiralty & Maritime
What is Commutation and How is it Calculated?
Commutation is a procedural remedy whereby an insurance carrier may reduce specific Longshore and Harbor Workers Compensation Act (“LHWCA”) or Defense Base Act (“DBA”)... More
Under LHWCA, State Law Controls Allocation of Fault to Non-Maritime Third Party
In Jowers v. Lincoln Elec. Co., — F.3d —-, 2010 WL 3341651 (5th Cir. 2010), Plaintiff, a supervisor and foreman for Ingalls, a shipbuilding contractor, instituted in the... More
Contribution, Assignment and Allision in General Maritime Claims
On the morning of February 28, 2008, two drifting barges belonging to U.S. United Bulk Terminal, LLC and its related entities (“United”) struck and... More
What Should I Do When…My Opponent’s Witness Preparation Turned Into Woodshedding
Litigation has been defined as the process of resolving public and private disputes with the help of the courts. There is a difference, of... More
Negligent Allision of Moving Vessel With Stationary Vessel
Plaintiff, a yacht broker and expert fishing vessel operator, planned a weekend fishing trip with friends aboard the 29-foot M/V Tuner. A tropical storm delayed... More
U.S. Department of Labor Releases New AWW Estimates
The U.S. Department of Labor, Division of Longshore and Harbor Workers’ Compensation, recently released a preliminary estimate of the national average weekly wage for the period commencing... More
Purely Emotional Injuries Under the Jones Act and General Maritime Law?
Can a claimant recover for purely emotional injuries under the Jones Act and General Maritime Law if he suffered no physical contact or injury? This... More
Payment of a Scheduled Award After PTD to PPD Conversion
The Benefits Review Board recently addressed the payment of a scheduled hearing loss impairment rating when a Claimant is simultaneously receiving disability benefits for... More
The Supreme Court Addresses Attorneys Fees and the Lodestar
On April 21, 2010, the Supreme Court of the United States released a significant attorney fee decision: Perdue v. Kenny A. This decision, which... More