News
General Jurisdiction Statement Supported Rule 9(h) Election
Plaintiff brought suit alleging general maritime law and admiralty jurisdiction, along with a prayer for a trial by jury. Defendant argued that Plaintiff was... More
Uberrimae Fidei: Utmost Good Faith
Uberrimae fidei, utmost good faith, is an ancient marine insurance doctrine. Historically, all insurance policies were contracts uberrimae fidei, meaning both parties were held... More
A Vessel Owner’s Duties Under the Wreck Removal Act
When a vessel is grounded or sunk in navigable waters of the United States the law places certain strict duties on its owner. Both... More
BRB: Error to Adjust Comp Rate Based on Planned Departure from Afghanistan
Claimant, a Defense Base Act (“DBA”) employee working as a security guard in Afghanistan, injured his back in the course of his work-related training. ... More
Dock Leases: Can They Insulate the Landlord From Liability?
The Eighth Circuit Court of Appeal, in the matter of Sander v. Alexander Richardson Investments, 334 F. 3d 712 (8th Cir. 2003), was asked... More
Workers’ Compensation, Social Security Disability Benefits, and Taxation
Generally speaking, workers’ compensation benefits are not taxable. 26 U.S.C. § 104(a)(1). This includes compensation benefits paid under the Longshore and Harbor Worker’s Compensation... More
A McCorpen Defense Successfully Lodged
Author: Patrick Babin Plaintiff was hired to work aboard a tug boat. Prior to his hiring, plaintiff chose not to disclose a prior hip... More
In Workers’ Comp Claim, Provision of Surveillance Video to Non-Court Appointed Physicians is Permissable
Author: Trevor Cutaiar The claimant, Wendy Ward, suffered a hand injury while working at Iberia Medical Center. Her personal physician referred her to... More
BRB Affirms Fee Shifting After Successful Section 10(f) Litigation
The Benefits Review Board (“BRB”) recently affirmed its earlier decision in Wilson v. Service Employees Int’l, Inc. Following a timely motion for reconsideration, the BRB... More
Seaworthiness of a Vessel
There was a time when an experienced mariner could judge the seaworthiness of a vessel. By merely observing its hull and rigging he could... More