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News

Third Circuit Affirms Denial of Longshore Benefits

Claimant alleged that he injured his wrist and then, in a second incident, his shoulder, spine and back.  He returned to work after each... More

DOL Issues Preliminary National Average Weekly Wage Estimates for 10/01/2012

The Department of Labor issued its preliminary estimates for the National Average Weekly Wage change going into effect on October 1, 2012.  National Average... More

Clean Water Act: EPA Assesses Pollution Fines and Penalties Against South Louisiana Marine Transportation Company

$525,000 in fines and penalties was assessed recently against an area tug operator/shipyard following its guilty plea earlier this year.  Cenac Towing Co. was... More

No Harm, No Foul For Naming Incorrect Defendant in Lawsuit

Author: Tyler A. Moore Plaintiff was a guest at the Clarion Hotel in Alexandria when she allegedly tripped over an uneven surface while walking... More

Unless Confirmed by Court, Arbitration Award Cannot Preclude Future Litigation

Author: Wilton E. Bland, IV Louisiana’s First Circuit Court of Appeals recently addressed the application of res judicata in the context of an unconfirmed... More

Unenforced Cell Phone Usage Policy May Prevent Limitation of Liability

An excursion boat carrying 35 passengers stalled and anchored in the Delaware River’s navigational channel.  As the boat waited for a tow, a tug... More

Slip-And-Fall Plaintiff Successful In Negligence Suit Against Restaurant

Author: Trevor M. Cutaiar 68-year-old Cora Ann Ball (“plaintiff”) injured her right shoulder, neck and low back in a slip-and-fall accident at a local cafateria. ... More

The “Substantial Evidence” Test Outlined in a Hearing Loss Case

Recently the United States Court of Appeals for the Fifth Circuit addressed an employer’s burden of providing “substantial evidence” in rebutting evidence amounting to... More

Factual Disputes Over Timing Preclude Summary Judgment on McCorpen Defense

United States District Court Judge Lance Africk recently addressed an interesting timing issue in connection with an employer’s McCorpen defense.  Plaintiff, Danilo Peralta, sustained... More