News
Loss of Consortium and Rental Car Expenses Allowed on Appeal
After a motor vehicle accident, plaintiffs filed a lawsuit against defendant, the defendant’s employer and the defendant’s insurer. The trial court awarded plaintiffs $20,000.00... 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
Louisiana Supreme Court Addresses Unjust Enrichment Theory
Under the direction of the sheriff’s office, the plaintiff performed emergency road cleaning work for the St. Tammany Parish Government that was essential to... More
Court Rules That Defense IME Is Warranted
Personal injury defendants sought to compel an independent medical examination (“IME”) of the plaintiff under Rule 35 of the Federal Rules of Civil Procedure.... More
Negligence Per Se
Ordinarily, in a maritime case involving personal injury or property damage, the issue of liability is dependent upon whether the defendant owed a duty... More
Indemnity Agreement Does Not Extend to Third Party Insurance Company
A drilling company contracted with an oilfield service contractor in an offshore construction project. During the course of the project, an employee of a... More
Ninth Circuit: Intoxicated Longshoreman Not Entitled to Benefits
On July 26, 2013, the Ninth Circuit published a new Longshore and Harbor Workers’ Compensation opinion addressing injuries “occasioned solely by” intoxication. The facts... More
ADA Guidelines for Passenger Vessels
The U.S. Department of Transportation will in the near future be issuing new accessibility guidelines for the construction and alteration of passenger vessels covered... More
Solicitor’s Arguments Rejected in Settlement Approval Order
This post addresses a really interesting settlement order. Two represented parties attempted to enter into a settlement. The District Director disapproved the settlement on... More
Preliminary NAWW Estimates for October 1, 2013
The Department of Labor issued its preliminary estimates for the new National Average Weekly Wage, which is scheduled to take effect on October 1, 2013. These... More