A seaman's work is physically demanding. He must lift lines, equipment, stores, and other heavy objects while on the vessel. When a seaman lifts something that is heavy and he suffers an injury, is the employer liable? Maybe but maybe…
Late last week, the California District Court of Appeal for the Fourth Appellate District held that the reduction of uses permitted by a Conditional Use Permit constitutes loss of use of tangible property, and thus "property damage" under a Commercial…
In the wake of the 2017 wildfire season, a number of bills were introduced in the California legislature to change, and in some cases "clarify" the law relating to the duties owed by property insurers to policyholders following a wildfire. …
Nearly every week someone is in the news apologizing for writing or saying something false about someone else. Libel is a disseminated written false statement about someone, damaging that person's reputation. Slander is a spoken false statement about someone, damaging…
Tuesday, August 28, 2018 Matt Wojcik, Holly Brauchli, and Dan Lindahl won a significant victory in the 9th Circuit Court of Appeals when the Federal Appellate Court upheld Matt and Holly's successful defeat of a putative class action involving the…
Longshoremen routinely use ladders when working aboard vessels. Usually the ladders belong to the vessel owner who has them aboard for use by the vessel's crew, but knows the longshoremen will use them. If a longshoreman is using a vessel's…
When a vessel breaks away from her moorings, is the vessel owner liable for the resulting injuries and/or damage? The answer is: probably. The Louisiana rule During the Civil War, the United States Supreme Court addressed the issue in The Louisiana 70 US 164…
Earlier this week the California Supreme Court adopted a new standard for who is and is not an employee in the case of Dynamex Operations West, Inc. v. Superior Court, No. S222732. While Dynamex has potential significant disruptive effects on…
This week, Washington's Division One Court of Appeals, decided an individual insurance claims handler can be personally liable to an insured for bad faith and violations of Washington's Consumer Protection Act. The decision is Keodalah v. Allstate Ins. Co., No. 75731-8-I,…
Disputes aboard a vessel are usually resolved with words and amicable negotiation. Occasionally, they are resolved with fists and weapons. This column explains the circumstances under which a vessel owner can be held liable for personal injuries or death resulting…