Navigable Waters

The Longshore Act does not define "navigable waters of the United States," although this phrase is central to the Longshore Act's "situs" requirement for coverage.

If the Act is to be opened for Amendment, there are other key issues currently the subject of conflict in the jurisprudence that can be addressed. The definition of “adjoining” in section 3(a) can...

Questions regularly arise with regard to Longshore Act coverage for dredging operations. These operations present several key coverage issues worth discussing. Overview Dredging is usually done to...

As we’ve frequently discussed, a worker must meet the maritime employment “status” test for Longshore Act coverage (section 2(3) of the Act), and he also must independently meet the “situs” or...

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...

On June 11, 2013, I mentioned the Joseph Tracy case, in which the federal Ninth Circuit Court of Appeals held that the Longshore Act did not apply in the territorial waters of foreign countries or...

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....

An interesting question came up recently involving the issue of “situs” under the Longshore Act. I thought that I’d discuss it here and in the process review the whole “situs” concept. Looking back...

As I’ve said, over the years the same Longshore questions have been coming up again and again, and now with AEUs Longshore BLOG there’s a source where these questions can be answered. So here’s my...