Legal Opinion
Farrel D. Hanson v. Marine Terminals Corporation, Nevada Corporation and Majestic Insurance Company, a California Corporation
Court of Appeals for the Ninth Circuit
Decided October 9, 2002No. 00-35871PublishedCited by 7 opinions
1Opinion of the Court
OPINION
T.G. NELSON, Circuit Judge.
Farrel D. Hanson (“Hanson”) appeals the district court’s grant of summary judgment dismissing his action to enforce a Department of Labor (“DOL”) order awarding a monetary penalty to Hanson for an overdue compensation award under the Longshore and Harbor Workers’ Compensation Act 1 (“LHWCA”) pursuant to 33 U.S.C. § 914(f). The district court denied the penalty on equitable grounds. We reverse because we conclude, in accord with our sister circuits, that equitable factors have no place in the district court’s consideration of a § 914(f) penalty. 2
I. FACTS AND…
2Cases cited10 opinions
- Metropolitan Stevedore Co. v. RamboSupreme Court of the United States · 1997
- Francis E. Lauzon, III v. Strachan Shipping Company, Texas Employers' Insurance AssociationCourt of Appeals for the Fifth Circuit · 1985
- Providence Washington Insurance Co. v. Director, Office of Workers' Compensation Programs, United States Department of Labor and Constance KainCourt of Appeals for the Ninth Circuit · 1985
- Manuel Burgo, Jr. v. General Dynamics CorporationCourt of Appeals for the Second Circuit · 1997
- Sea-Land Service, Inc. v. James Barry and Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Third Circuit · 1994
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Tahara v. Matson Terminals, Inc.Court of Appeals for the Ninth Circuit · 2007
- Portland Adventist Medical Center v. ThompsonCourt of Appeals for the Ninth Circuit · 2005
- Combs v. Elkay Mining Co.District Court, S.D. West Virginia · 2012
- Catherine Berry v. Air Force Central Welfare FundCourt of Appeals for the Ninth Circuit · 2024
- Portland Adventist Medical Center v. Tommy G. ThompsonCourt of Appeals for the Ninth Circuit · 2005
2 more not listed; retrieve them via the Exa API.