Landmark Cases

The Last (Maritime) Employer Rule and the Aggravation Rule are the two methods of assigning liability in Longshore Act cases. Since they are well-established in Longshore Act jurisprudence, it may...

This is Part Two of a brief review of some interesting Longshore Act cases from calendar year 2017. In the Matter of the Complaint of Buchanan Marine, L.P., as Bareboat Charterer of the Barge...

This is Part One of a brief review of interesting (to me) cases decided during calendar year 2017 by the U.S. Department of Labor’s Benefits Review Board and the federal circuit courts of appeal.  ...

Case number eleven on my list of landmark U.S. Supreme Court Longshore cases is a Jones Act case, but with significant consequences for the adjudication of claims under the Longshore Act. The...

The case of P.C. Pfeiffer Co. v. Ford, 444 U.S. 69 (1979), is another early “status” case.  It is “early” (dates of injury April 12, 1973 and May 2, 1973) in the sense that at that time the courts...

The latest addition to my list of landmark Longshore Act cases is Chesapeake & Ohio Ry. Co. v. Schwalb, 493 U.S. 40 (1989). Three employees of an interstate railroad were injured while working at...

I’m adding another case to my list of landmark Longshore Act cases, not because this case is a true “landmark” in the traditional sense of the word, but rather simply based on the frequency with...

Subrogation Here is another contribution from Royce Ray, AEU’s Director of Subrogation. NOTE: Royce is a Certified Subrogation Recovery Professional (CSRP).  The CSRP designation is conferred by...

Number 1. Joint and Several LiabilityI occasionally see references to the nature of ALMA member’s liability as “Joint and Several”. This is a serious misstatement.In fact, ALMA members are NOT, and...

I’m adding to my list of landmark Longshore Act Supreme Court decisions with a case that arose under the Defense Base Act (42 U.S.C. 1651, et seq.) (DBA). The case is O’Leary v. Brown-Pacific-Maxon,...

Recently I’ve discussed issues arising under the Longshore Act that present conflicts among the federal circuit courts of appeal or other uncertainties.  These issues would benefit from a resolution...

We observed last time that the issues involved in the “concurrent” jurisdiction question included the competing concepts of individual state police powers versus the need for uniform federal...

I’ve talked about dual, or concurrent, USL&H/state act workers’ compensation jurisdiction here several times, and most recently I discussed the U.S. Supreme Court’s landmark Sun Ship decision.  This...

Earlier in 2016, I discussed the last case on my list of the top six landmark Longshore Act cases.  This time what I’d like to do is to identify the landmark cases that we need but that we don’t yet...

Before I get to number six on my list of landmark Longshore Act cases decided at the U.S. Supreme Court, here is the list of numbers one to five as discussed here in the past couple of months. ...

Case number five on my list of the Supreme Court’s landmark Longshore cases is Potomac Electric Power Company v. Director, Office of Workers’ Compensation Programs, 449 U.S. 268 (1980).  This is...

Here is number four on my list of the Longshore Act’s landmark U.S. Supreme Court cases. It’s Sun Ship, Inc. v. Commonwealth of Pennsylvania, et al., 447 U.S. 715 (1980).  This is the decision...

Here’s my third nomination for “landmark” case status on our Longshore scale of cases decided at the U.S. Supreme Court. But first, here’s parts of section 33 of the Longshore Act (33 U.S.C. 933).

I have a second case to nominate as a “landmark” U.S. Supreme Court Longshore Act case ( see the discussion of Northeast Marine Terminals Co., Inc. et al. v. Caputo, et al. from last time ). My...

There are decisions of the U.S. Supreme Court that are referred to as “landmarks”.  These landmark decisions are significant events in history in their own right.  They address/resolve/create...