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Common Law Tort Claims Preempted by the DBA’s and LHWCA’s Exclusivity Provisions

Claimant was injured in a roadside bomb attack.  The employer and carrier paid medical and indemnity benefits pursuant to the Longshore and Harbor Workers’... More

Presumption of Negligence Not Applicable

Defendant’s pipe tank broke loose from its mooring to a crane barge and struck a recreational fishing boat, causing injury to Plaintiffs.  Plaintiffs filed... More

SCOTUS Issued Summary Disposition Reversing A Casino Boat Case

Yesterday the Supreme Court of the United States (“SCOTUS”) issued a summary disposition in Lemelle v. St. Charles Gaming Co., Inc. Briefly, in Lemelle, an intoxicated... More

Longshoreman is Injured. Who is Responsible?

Last month the First Judicial District Court of Appeal for Illinois reached its opinion in Ballard v. American Commercial Lines, Inc., et al.  The... More

Removal to Federal Court: Damages Exceed $75,000

Plaintiff filed suit in Louisiana state court seeking damages for injuries allegedly sustained when she slipped and fell while entering a Home Depot. Home... More

Virginia: Punitive Damages are Not Allowed in a Section 905(b) Action

During his eleven-year tenure as a ship repair staff supervisor, Mr. Minton was exposed to asbestos.  Sixteen years after his employment ended, he was... More

DOL Proposes Revisions to Rules of Practice Before the Office of Administrative Law Judges

The Department of Labor (“DOL”) has proposed to revise the Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law... More

Defense Base Act Class Action Lawsuit Dismissed

A friend of the blog mentioned that I should have included one additional case, Brink v. XE Holding, LLC, in the Top 5 list.  I... More

Amending a Judgment Requires More Substance, Not New Arguments

Author: Patrick J. Babin   Plaintiff was injured while working as an oil cleanup worker on a beach in the aftermath of the BP... More

Child Support and Longshore/DBA Benefits

Author: Jon B. Robinson   An oft-asked question is whether child support payments can be garnished from Longshore and Harbor Workers’ Compensation Act (“LHWCA”)... More