First Circuit: Neither Suicide Nor Misadventure Fall Within the Scope of the Zone of Special Danger Doctrine

Decedent was employed on a secure military base in Saudi Arabia.  One morning, his on-site girlfriend discovered Decedent’s body hanging from a noose.  Decedent... More

Fifth Circuit: Per Diem Was More Akin to Wages In This Case

The Fifth Circuit recently issued an unpublished Longshore and Harbor Workers’ Compensation Act (“LHWCA”) decision.  Decedent, an electrician  from Warren, Texas, suffered a fatal heart... More

Pipeline Pontoon Qualifies as a Vessel

Plaintiffs were operating a pleasure boat when it struck a pipeline pontoon owned by Defendant.  Plaintiffs alleged that they sustained injuries as a result... More

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 Upholds Dismissal of Lawsuit Because the DBA is an Exclusive Remedy

Plaintiffs filed a wrongful death lawsuit in federal court following the death of Employee, who was murdered while performing aid work in Pakistan.  The... 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California’s Second Appellate District issued an interesting unpublished case.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

Boroski II: “Currently Receiving” Means “Currently Entitled”

Before the Supreme Court decided Roberts v. Sea-Land Services, Inc., 132 S.Ct. 1350 (2012), two Circuits were at odds with one another about the... 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

The Limits of an Employer’s Vicarious Liability

Author: Wilton E. Bland, IV   A crane operator aboard a jack-up drilling rig had finished his shift and was visiting a coworker in... More

The K.S. [Simons] Decision is Limited to Dangerous Locales Like Iraq and Afghanistan

In an unpublished decision, Fields v. Fluor Corporation, the Benefits Review Board addressed the average weekly wage determination for a Defense Base Act employee... More