Introducing the Loyola Current

The Loyola Maritime Law Journal is now publishing The Loyola Current, a quarterly newsletter discussing emerging issues in maritime law.  As explained by the Journal’s Editor-In-Chief,... More

Automatic Longshore Settlement Approvals and the Government Shutdown

Since last week, Longshore practitioners have debated whether Section 8(i) settlement agreements can be automatically approved during the government shutdown.  Typically, all Longshore settlements... More

Indemnification Argument Fails Due to LOAIA

Author: Kirby P. Blanchard   Hilcorp hired Alliance for plug and abandonment services on a fixed platform in the Gulf of Mexico adjacent to... More

Fall Into Hole Denied by Recreational Use Statute

Author: Patrick J. Babin   Plaintiff was injured while attending a cross country meet on defendant’s (a paper mill) land when she fell into... More

Worker Was Not A Seaman, Could Not Satisfy the 30% Rule

Earlier this week, the Court of Appeals of Maryland discussed “seaman status,” and the distinction between seaman and land-based maritime workers.  The inquiry arose in... More

Are Longshore Death Benefits Available to Same-Sex Spouses?

In United States v. Windsor, the Supreme Court of the United States ruled that Section 3 of the Defense of Marriage Act (“DOMA”) is unconstitutional. ... More

National Average Weekly Wage Percent Increase for 10/01/2013

The Department of Labor (“DOL”) published the percent increase for the National Average Weekly Wage (“NAWW”), which will go into effect on 10/01/2013. As... More

Serving Raw Oysters . . .

Spitale’s Bar, Inc. operates a restaurant and bar in Amite, Louisiana. Plaintiff, who suffered from non-alcoholic steato hepatitis (“NASH”), ate two raw oysters at... More

Prosecuting Misrepresentation and Fraud Under the Longshore Act

Section 31 of the Longshore and Harbor Workers’ Compensation Act (“LHWCA”) contains statutory penalties for misrepresentations made by a LHWCA litigant. If a claimant... More

The SSA Can Prorate a Longshore Settlement to Determine the Amount of Monthly Social Security Disability Benefits Owed

After Claimant sustained a work-related injury, he settled his Longshore and Harbor Workers’ Compensation Act claim for a $104,901.54 settlement, which an administrative law judge... More