The Ninth Circuit Writes an Obituary for Section 903(c) of the LHWCA in Kealoha v. Director, Office of Workers Compensation Programs

William Kealoha’s life changed forever when he fell twenty-five to fifty feet from a barge onto a dry dock, the first of several tragic events over a two-year crescendo that would ultimately leave Kealoha mentally and physically crippled. Kealoha’s fall occurred while employed as a ship laborer fro Leeward Marine Inc. (Leeward) and resulted in […]

Brokers and Buyers Beware: Underwriters Are Nickel-and-Dimed by Strict Interpretation of Language in Excess and Umbrella Policies of Offshore Energy Companies

Hurricane Ike swept through the Gulf of Mexico in September 2008, leaving behind more than $150 million in damage to more than 150 offshore platforms in which W&T Offshore (W&T) had a commercial interest. In preparation for just such a storm, W&T purchased three types of insurance: (1) a commercial general liability policy (the “primary […]

International Recent Developments: United Kingdom

This Article provides an overview of some of the most significant cases concerning charterparties and carriage of goods by sea decided in the United Kingdom during 2014. There is a concise discussion of selected cases with references in the footnotes to additional cases decided in 2014, which, due to spatial constraints, could not be given […]

OPA 90: Twenty-Five Years of Judicial Interpretation

The Oil Pollution Act of 1990 (Act) was signed into law on August 18, 1990, and with it began a new paradigm in oil pollution prevention, response, and liability. This statute has been in force for nearly twenty-five years and endured regulatory implementation, statutory amendments, executive branch interpretation, and ultimately judicial branch interpretation. The Act […]