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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