New Longshore case from the Third Circuit Court of Appeals relating to the status of the injured claimant and the situs of the injury. There appears to be a circuit split on the meaning of “adjoining area” in 903(a) of the LWHCA, so stay tuned for higher review.
The case is Consolidation Coal Co. v. Benefits
New case from the Fifth Circuit Court of Appeals addressing the Louisiana Rule and contribution among settling defendants. The case is Combo Mar., Inc. v. U.S. United Bulk Terminal, LLC, 2010 U.S. App. LEXIS 17644 and can be found here.
This case arises from an allision caused by drifting barges in Louisiana. Several defendants were sued
New welding fume/government contractor defense case (with LHWCA discussion) from the Fifth Circuit Court of Appeals. The case is Jowers v. Lincoln Elec. Co., 2010 U.S. App. LEXIS 17862 and can be found here.
Facts: A worker was exposed to manganese fumes while working on Navy ships. He developed Manganese-induced Parkisonism and brought suit against the
The Vermont Law Review has published an article authored by me and my Damon Key colleagues (and fellow law bloggers) Robert H. Thomas and Tred Eyerly, Of Woodchucks and Prune Yards: A View of Judicial Takings From the Trenches, 35 Vt. L. Rev. 437 (2010)(Download here)
Our introduction is a reference
First note: One commonality between this blog (ocean related legal issues) and a good chunk of my day job (land use litigation) is federalism. So, when a federalism case pops up…well, you’ll have to indulge me.
Second note: It is not often that the federal government will sue a municipality for the laws they pass. But, in this case
New case from the Seventh Circuit Court of Appeals which outlines the availability of attorney’s fees and costs to a prevailing party in a maritime contract dispute. The opinion is in the case of Fednav Int’l Ltd. v. Cont’l Ins. Co., 2010 U.S. App. LEXIS 22667. The opinion can be found here.
Plaintiff brings claim
Sometimes judges just have to make a call. Yes or no, in or out, liable or not.
In this case, that call was what interest rate past unpaid benefits earned. The case title is Price v. Stevedoring Services of America, Inc., original opinion can be downloaded here.
The Longshore Act does not provide
USS Chafee rendering honors to the living Pearl Harbor survivors, standing.
December 7, 2010 – Pearl Harbor
