The Jones Act affords a plaintiff at least four important advantages that a plaintiff whose only remedy is the LHWCA does not:1. The Jones Act provides a remedy to seamen for injuries incurred in the course of their employment aboard a “vessel” due to the negligence of their employers. The burden for proving negligence is…
As part of the President’s budget proposal to Congress for fiscal 2002, the following was proposed:“The budget proposes two reforms that will help to ensure that States and localities make a significant commitment to preparing for disasters before they happen. First, the Administration proposes that publicly-owned buildings carry disaster insurance. States and communities that do…
In practice, there is an “implicit limitation of liability” clause is most contracts–the insurance requirements. For most contractors, regardless of what happens, the insurance limits are the most you’re (maybe) going to get out of them in the event something really bad happens… . One of the attractive (and annoying) qualities of companies is that…
State and local public sector employees should be responsible for public property in their possession and control and financially liability for its loss unless compliance with a specific lost, damaged, or destroyed personal property procedure is accomplished and documented. After all, this personal property belongs to the taxpayers, and we’re stewards of the taxpayers’ property.As…
The usual requirements for establishing a firm as a statutory WC co-employer of a contractor are there has to be a contract covering the work, the injury has to occur on or about property owned by the co-employer, and the work must be in the “usual course of business” of the co-employer/firm. There is a…
Image via Wikipedia Since the Middle Ages, the “shell game” has been played on and near the piers and docks of seaports. In a classic shell game, the con artist uses three walnut shell halves and a small, pea-sized ball. After placing the ball under one of the shells, the con artist uses wide circular…