Landmark Cases (2)

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 national...

I think that this is a good time to mention again a longstanding but perennially overlooked coverage concept. (I resisted the urge to use Perini-ally overlooked. You’re welcome.) It’s a...

A significant event in Longshore Act jurisprudence has just occurred. The federal Fifth Circuit Court of Appeals issued a decision on April 29, 2013, in the case of New Orleans Depot Services,...

The U.S. Supreme Court decided the case of Lozman v. City of Riviera Beach, Florida on January 15, 2013. The issue was whether Mr. Lozman’s floating home was a vessel, subject to Admiralty...

With regard to jurisprudence, 2012 was an interesting year for those who follow developments under the Longshore Act. Several cases were decided (or are in the process of being decided) at the U.S....

What is a “vessel”? This is anything but a simple question, especially at the fringes of any attempt at an all inclusive definition. If you write marine insurance exposures, whether inland or...

On January 11, 2012, the U.S. Supreme Court heard oral arguments in the case of Roberts v. Sea-Land Services, Inc. et al. I’ve discussed the Roberts case here on the AEU Longshore blog on December...

Oral argument will be held today at the U.S. Supreme Court in the case of Roberts v. Sea-Land Services, Inc. et al., which I briefly mentioned here last week. Following is a fuller discussion of the...

It’s a common situation. Mixed duty workers spend part of their time doing maritime work, and they spend the rest of their time, maybe even the majority of their time, doing non-maritime work. The...

You may have heard that the Longshore Act is going to the U.S. Supreme Court, by way of the Outer Continental Shelf Lands Act (OCSLA) (43 U.S.C. 1331 et.seq.). The OCSLA is an extension of the...

Have you ever noticed that the conversations among lawyers who specialize in the Longshore Act frequently seem to consist of cryptic, single word references? The code word is usually a reference to...

You’ve probably seen references to so-called “Perini” coverage when the issues of situs and status under the Longshore Act are being discussed. I make frequent reference to it myself, usually...

Work done on and around bridges is the subject of recurring questions with regard to coverage under the Longshore and Harbor Workers’ Compensation Act. So at the risk of doing more harm than good,...

PART ONE OF TWO Workers’ compensation claims are covered simultaneously by the Federal Longshore and Harbor Workers’ Compensation Act and by state’s workers’ compensation law in so called...