United States Supreme Court Holds That State Can Seek Reimbursement for Future Medical Care Under Medicaid Act

The Supreme Court of the United States (“SCOTUS”) recently issued a decision in Gallardo v. Matstiller, No. 20-1263 (June 6, 2022) that holds that... More

Fifth Circuit Court of Appeals Denies COVID-19 Business Interruption Claim Consistent With Trend Across All Federal Circuit Courts

Since the COVID-19 pandemic, businesses affected by state-mandated closures have been filing business interruption claims to compensate for their lost income, profits, and expenses.... More

Federal Fifth Circuit Affirms Finding of Statutory Employer Relationship Between Mill and Contractor Based on Express Language of Contract

Earlier this month, the United States Court of Appeals for the Fifth Circuit affirmed a finding in favor of a local containerboard mill, who... More

OALJ Issues Administrative Notice Involving Foreign Parties, Witnesses and Evidence

The OALJ Notice The Office of Administrative Law Judges (“OALJ”) has issued Order 2021-MIS-00006, In Re: Cases Involving Foreign Parties. In this administrative notice issued... More

BRB Affirms Average Weekly Wage Finding in DBA Claim Defended by MBLB

The Benefits Review Board (BRB) recently affirmed the Administrative Law Judge’s (ALJ) finding of average weekly wage in a DBA claim defended by Mouledoux,... More

Insurer-Specific Multi-District Insurance Litigation Uncertain With Scores Of COVID-Related Business Interruption Claims

With so many businesses affected by nationwide shut-downs due to COVID-19 this year, businesses across the country have begun filing “business interruption” claims against... More

Louisiana Fifth Circuit Affirms Finding of Fraud in Workers’ Compensation Matter

The Court of Appeal of Louisiana, Fifth Circuit just released a new decision affirming the finding fraudulent the conduct of a claimant who lied... More

Federal Fifth Circuit Affirms Dismissal of Tort Claim of LHWCA Borrowed Servant Employee

Recently the United States Court of Appeals for the Fifth Circuit in New Orleans affirmed the granting of summary judgment in favor of a... More

An Analytical Framework for Defending COVID-19 Claims Under LHWCA

American employers are facing never-before-seen obstacles with managing their businesses because of this national pandemic. With so many workers losing time due to either... More

Ninth Circuit Affirms Benefits Review Board’s Finding of Untimely Motion for Reconsideration in LHWCA Case

In a recent Longshore & Harbor Workers’ Compensation Act (LHWCA) case, Zumwalt v. National Steel & Shipbuilding Co., No. 18-72257 (9th Cir. Dec. 20, 2019)... More