Longshore Injury Occurred Over Water, Not in the Twilight Zone

The plaintiff alleged that he developed malignant mesothelioma following his exposure to asbestos during his twenty-year employment with Defendant.  The Defendant argued that because... More

“Compensation” Under the Longshore Act

The Benefits Review Board recently published a new decision addressing “compensation” under the Longshore and Harbor Workers’ Compensation Act (“LHWCA”): Wheeler v. Newport News... More

A FELA/LHWCA Distinction?

Employee worked as a railroad switchman or conductor for Norfolk Southern Railway Co.  As he spotted coal-filled rail cars at a dock in Virginia,... More

Annual Longshore Conference

The Annual Longshore Conference, presented by Loyola University New Orleans College of Law and the U.S. Department of Labor, is scheduled for March 18-19,... More

A Duty to Defend…and a Duty to Pay Defense Costs

While designing, building and renovating a Texas hospital, a masonry company obtained commercial general liability (“CGL”) insurance policies from two different insurers, Trinity Universal... More

Psychological Claims Are Not Compensable For Legitimate Personnel Actions

Claimant, a longshoreman, was injured when he struck a cable line which caused an explosion. Claimant was not physically injured and did not seek... More

Hips, Flips and McCorpen

Petrey worked as a deckhand on the M/V Tug Thomas, a vessel owned and operated by Atlantic Sounding Co.  In September 2006, he was... More

Indemnity Provisions May Be Unenforceable Under “Focus-of-the Contract” Test

The Fifth Circuit Court of Appeals, sitting en banc, recently clarified what law governs a contractual dispute, such as the enforceability of an indemnity... More

Fifth Circuit Provides Longshore Employers with Significant Victory on Attorney’s Fees

The advent of the fee-shifting system for LHWCA matters sparked an ongoing debate amongst claimants, employers, and attorneys regarding atttorney fee awards. Consistently, claimants’... More