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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