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November 28, 2012


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Defense Base Comp

Thank you for sharing this very nice post, please keep continue the sharing of this types of information. Here we are waiting for more........

Jon R.

This is a great post. I handle a lot of DBA claims. Another DBA and Longshore Circuit split that is often litigated concerns attorneys fees. The Fourth, Fifth and Sixth Circuits interpret 33 U.S.C. Sec. 928(b) much differently than the Ninth Circuit. Whereas the Fourth, Fifth, and Sixth Circuits employ a strict statutory construction approach, the Ninth Circuit applies more of an "anything goes" approach. Compare, e.g., Andrepont v. Murphy Exploration & Prod. Co., 566 F.3d 415, 418, 421 (5th Cir. 2009) and Nat’l Steel & Shipbuilding Co. v. U.S. Dept. of Labor, OWCP, 606 F.2d 875, 882 (9th Cir. 1979). If anyone is interested, my firm's blog discusses DBA, Longshore and maritime topics. www.navwaters.com

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