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

Fourth Circuit Addresses “Fraud on the Court”

In one of the first published opinions by the Fourth Circuit in the new year, the appellate court ruled against Claimant/Appellant, holding that an... More