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News

Court Enforces a “No Reemployment” Provision in a Longshore Settlement

California’s Second Appellate District issued an interesting unpublished case.  In Homeport Insurance Services, Inc. v. Lundy, the court addressed whether a “no reemployment” provision... More

Punitive Damages Awarded Against a Jones Act Seaman

In what is believed to be a case of first impression, a jury in federal court in Illinois has awarded punitive damages against a... More

Bar Not Responsible For Patron’s Death

A mother brought a wrongful death and survival action against a bar that sold alcohol to her minor son, alleging that the son’s fatal... More

LLC Not a “Mere Continuation” of Former Proprietorship

Author: Tyler A. Moore   Plaintiff went to Snug Harbor Jazz Bistro of New Orleans (“Snug Harbor”) to dine and listen to jazz music,... More

When Does a Negligent Act Become Intentional?

When a non-seaman worker is injured on the job in Louisiana, whether he is working a “land- based” job or working as a longshoreman... More

Removal to Federal Court Upheld

Plaintiff, a Louisiana resident, filed suit in state court seeking damages for bodily injuries suffered as a result of an automobile accident. The defendant... More

Cook Lacks Seaman Status

Plaintiff, who worked as a cook on a barge, evacuated the barge because of a fire.  He injured his neck and back while jumping from the... More

The Sometimes Harsh Realities of Joint and Several Liability

The doctrine of joint and several liability is not unique to the maritime law.  In fact, it dates back to at least the 18th... More

National Average Weekly Wage Percent Increase for 10/01/2012

The Department of Labor (“DOL”) published the percent increase for the National Average Weekly Wage (“NAWW”), which will go into effect on 10/01/2012.  As of... More

Child Support and Longshore/DBA Benefits

An oft-asked question is whether child support payments can be garnished from Longshore and Harbor Workers’ Compensation Act (“LHWCA”) or Defense Base Act (“DBA”) workers’ compensation... More