Author: Alan Brackett
Under LHWCA, Excusable Neglect Standard Applies to Late Filed Attorney Fee Petition
The Ninth Circuit has ruled that the excusable neglect standard applies to late filed attorney fee petitions under the Longshore and Harbor Workers’ Compensation... More
Supreme Court to Resolve Punitive Damages for Jones Act Seamen
On December 7, 2018, the United States Supreme Court granted a writ of certiorari in Dutra Group v. Batterton (18-266). As we reported on... More
Circuits Split on Punitive Damages for Unseaworthiness
An overriding premise of admiralty and maritime law is the quest for uniformity. Over the centuries, this has proven problematic, as this area of... More
President Trump Issues Executive Order on ALJs
In response to the United States Supreme Court’s decision in Lucia v. Securities and Exchange Commission issued last month, which ruled the SEC’s appointment... More
Update on Lucia v. SEC and the Constitutionality of ALJs
As we reported, on June 21, 2018, the United States Supreme Court issued its decision in Lucia v. Securities and Exchange Commission, finding the... More
Supreme Court Ruling That ALJs Are Unconstitutional Impacts LHWCA and DBA Claims
A decision today by the United States Supreme Court impacts administrative law judges serving in the Department of Labor who adjudicate claims under the Longshore and... More
Alan Brackett selected for New Orleans CityBusiness 2018 Leadership in Law
Member, Alan G. Brackett, has been selected as an honoree for the New Orleans CityBusiness 2018 Leadership in Law class, which recognizes 50 area... More
Benefits Review Board To Enforce Attorney Fee Petition Deadline
The Clerk of the Benefits Review Board (BRB) has issued a notice to the community that the Board has reviewed its policy concerning handling... More
Punitive Damages Not Available For Failure To Pay Maintenance & Cure
In a case of first impression, the United States District Court for the Western District of Washington has held that punitive damages for the... More
Death on Platform in State Waters May Be Within OCSLA Jurisdiction
A worker was killed on a platform located in Louisiana state waters when a pressurized valve blew, striking him in the head. The platform... More