Author: MBLB News
Alan Brackett Will Moderate Loyola University New Orleans College of Law’s Annual Conference March 20-21, 2014
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Fourth Circuit Denies LHWCA Attorney’s Fees Because Compensation Was Paid Within 30 Days
In a new, important Longshore and Harbor Workers’ Compensation Act (“LHWCA”) decision, the Fourth Circuit addressed Section 928(a) attorney’s fees and the meaning of... More
Plaintiff-Seaman Can’t Recover Emotional Damages For Witnessing Injury To Someone Else
Plaintiff worked as a vessel repair supervisor at his employer’s shipyard facility. His primary responsibility was the maintenance and repair of Employer’s life boats. ... More
Fifth Circuit Holds that Carrier Has Right of Reimbursement Against a Jones Act Settlement
In a new published decision, the Fifth Circuit addressed “whether an insurer who makes voluntary [Longshore and Harbor Workers’ Compensation Act (“LHWCA”)] payments to... More
HIPAA and the Longshore Act
Part of the Health Insurance Portability and Accountability Act (“HIPAA”) addresses patient privacy. Certain procedures must be followed when sensitive health information is transferred,... More
Alabama: Prior Longshore Settlement Not Determinative of Seaman Status
Purdue and Williams worked as line handlers for a shipping company that provided line-handling services to vessels docking and undocking at various terminals in... More
Failing to Participate in Proceedings Justified Dismissal With Prejudice
Plaintiffs, Atlantic Sounding and Weeks Marine, filed a declaratory judgment action seeking a declaration that they did not owe Maurice Fendlason, an injured seaman-employee,... More
First Circuit Reverses Summary Judgment on Foreseeability Issue
Plaintiff filed suit against Defendant under the Jones Act and general maritime law after her husband fell and drowned after slipping from an obviously... More
Plaintiff’s Assault Lawsuit Dismissed Because the DBA Was His Exclusive Remedy
Plaintiff filed a lawsuit in the Eastern District of Virginia alleging that his supervisor assaulted him while they were both working for a Defense... More
Claimant Was Fired For Failing to Wear a Life Vest, Not Because He Filed a Longshore Claim
Claimant worked as a welder for Employer. On June 4, 2010, Claimant injured his low back and groin while lifting an empty gas cylinder. ... More