News & Analysis as of

Longshoremen

Husch Blackwell LLP

ILA Labor Agreement Set to Expire, Strike Looms

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On September 30, 2024, the International Longshoremen’s Association (ILA) labor agreement with U.S. East Coast and Gulf Coast port operators ends. With negotiations over the summer unsuccessful, the possibility of a strike...more

Husch Blackwell LLP

Credit Risks Likely to Rise as 2024 Draws to a Close

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A strange confluence of geopolitical events, labor unrest, softening consumer demand, and supply-chain logistical issues could leave lumps of coal in the stockings of lenders this holiday season. The story begins in the Red...more

Husch Blackwell LLP

Dockworkers Up Ante as Freight Rates Soar

Husch Blackwell LLP on

Earlier this week, 159 trade associations representing key supply chain stakeholders sent a letter to the Biden administration and relevant congressional committees calling on the U.S. government to intervene in the stalled...more

Cozen O'Connor

Cozen Currents: Why This Rematch Isn't a Rehash

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The Cozen Lens- •While President Biden’s age has sparked worry among traditionally Democratic-leaning voters, it may help him make inroads with older voters, one of the most important voting blocs. •President Biden and...more

Goldberg Segalla

Defendant’s Motion for Summary Judgment under Longshore and Harbor Workers’ Compensation Act Granted

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Court: United States District Court for the Eastern District of Louisiana - Plaintiff Frank P. Ragusa Jr. filed an asbestos-related lawsuit in Civil District Court for the Parish of Orleans alleging he was exposed to...more

Cozen O'Connor

Arkansas Court of Appeals: Longshore Harbor Workers’ Compensation Act Payments Not Assignable

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In a recent unanimous decision, a three-judge panel of the Arkansas Court of Appeals held that Section 916 of the Longshore and Harbor Workers’ Compensation Act (LHWCA) bars the transfer of LHWCA structured settlement annuity...more

Kennedys

Navigating the differences in determining Jones Act and Longshore status for defending claims in maritime litigation

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At first glance, the waters can be murky when wading through a determination of a maritime employee’s status as a Jones Act seaman or a longshoreman. The determination of whether an individual is a Jones Act seaman or...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Long Arms and Sore Backs

This week, the Ninth Circuit explains when courts have personal jurisdiction over foreigners who contract with U.S.-based businesses, and whether severe pain can qualify as a disability under the Longshore and Harbor Workers’...more

Woods Rogers

COVID-19 And The Longshore And Harbor Workers' Compensation Act

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While many states, including Virginia, have issued stay at home orders to help reduce the number of persons infected with COVID-19, most ship builders, ship repairmen, terminal and harbor workers are essential employees and...more

Eversheds Sutherland (US) LLP

Run a tight ship - the false economy of cutting operational corners

On February 1, 2019, a Louisiana federal court judge awarded an injured construction worker $3.3 million, finding that, during equipment transfers between boats and barges, the practice of keeping vessels together by using...more

McDermott Will & Emery

THE LATEST: Ninth Circuit Affirms Dismissal of Antitrust Counterclaim against Labor Union Clarifying Scope of Noerr-Pennington...

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On July 24, 2017, the US Court of Appeals for the Ninth Circuit affirmed the dismissal of an antitrust counterclaim brought by ICTSI Oregon, Inc. (ICTSI), the operator of a marine shipping facility, against the International...more

Carlton Fields

Pennsylvania Appellate Court Denies Petition To Transfer Structured Settlement Involving LHWCA

Carlton Fields on

Relying on Federal Court precedent, a Pennsylvania intermediate appellate court resolved whether the plain language of Section 916 of the Longshore and Harbor Workers’ Compensation Act (“LHWCA”) prohibits the assignment of...more

Constangy, Brooks, Smith & Prophete, LLP

Executive Labor Summary - January / February 2016

NEWS & ANALYSIS - Death of Justice Antonin Scalia may create 4-4 split in case involving public employee union agency fees - In January, the U.S. Supreme Court heard oral argument in Friedrichs v. California, a case in...more

King & Spalding

Recent Maritime Cases Illustrate the Different Legal Risks Involved with Conducting Offshore Oil and Gas Operations

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In May 2015 a U.S. District Court and U.S. Court of Appeals each issued opinions that address important legal issues concerning risk management in the offshore energy industry. In Marquette Transportation Co. Gulf-Inland, LLC...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

What if the West Coast Ports Shut Down by Lockout or Strike? Is it Time to Invoke Taft-Hartley?

Since the expiration of a labor contract in July 2014, negotiations for a new contract have dragged on between management representatives of the Pacific Maritime Association (PMA)—a multi-employer bargaining association...more

McNees Wallace & Nurick LLC

Federal Law Does Not Protect Husband Who Owes More Than $50,000 In Past Due Alimony

In the Pennsylvania Superior Court case Uveges v. Uveges, the Superior Court upheld the trial court's decision to attach the husband's Federal Longshore and Harbor Workers' Compensation Act benefits to pay approximately...more

Baker Donelson

A Day At The Beach: Fifth Circuit Rejects Expansive Situs Definition For LHWCA Comp In BP Beach Cleaning Case

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The Fifth Circuit recently reversed, per curiam, a district court decision finding that a contract worker cleaning oiled beaches near Grand Isle, Louisiana, in the wake of the 2010 Macondo oil spill qualified as a...more

Cozen O'Connor

Infrastructure Alert - April 17, 2013

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Last week, President Obama released his FY2014 budget, outlining several proposals to fund new infrastructure programs. The budget proposes $40 billion for “Fix it First” projects to repair existing infrastructure, as well...more

Cozen O'Connor

Infrastructure Alert - February 13, 2013

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President Obama called for increased infrastructure and transportation spending in last night’s State of the Union address, stressing the need to fix failing infrastructure first and utilizing public-private partnerships...more

Cozen O'Connor

Infrastructure Alert - January 29, 2013

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The current International Longshoremen’s Association (ILA) and U.S. Maritime Alliance (USMX) contract extension expires at the end of February 6. Carrier-paid container royalties remain the central issue in the negotiation. ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Shipbuilders Council of America and OSHA Settle Lawsuit, OSHA Issues First Interpretation Letter for Shipyard Industry on Subpart...

On August 1, 2011, the Occupational Safety and Health Administration’s (OSHA) standards for General Working Conditions in Shipyard Employment (1915, Subpart F) became effective. These standards included requirements covering...more

Cozen O'Connor

Infrastructure Alert - January 3, 2013

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The 112th Congress adjourned before voting on any Hurricane Sandy relief bill. Although the Senate passed a $60.4 billion relief bill, the House did not hold a vote on it nor the Republican-backed alternative $27 billion...more

Womble Bond Dickinson

Strike Threatens Port of Charleston

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After the latest breakdown in labor negotiations, ports along the U.S. East and Gulf coasts, including Charleston, are threatened with a strike by the International Longshoremen’s Association (ILA). The ILA and the...more

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