Legal Opinion

Day v. James Marine, Inc.

Court of Appeals for the Sixth Circuit

Decided March 7, 2008No. 06-4004PublishedCited by 22 opinions

1Opinion of the CourtSutton, J., joined by Bertelsman, D.J.,

ROGERS, J. (pp. 421-25), delivered a separate opinion concurring in part and dissenting in part.

OPINION

SUTTON, Circuit Judge.

There is a little more to this dispute than the topic (attorney’s fees) and the amount at stake (less than $15,000) would suggest. Larry Day says that the Benefits Review Board erred in determining that a portion of the fees he incurred in seeking workers’ compensation did not shift to his employer, James Marine, under the Longshore and Harbor Workers’ Compensation Act. Because the Board correctly determined that the Act does not allow an employee to collect attorney’s…

2Cases cited17 opinions

  1. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  2. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  3. Auer v. RobbinsSupreme Court of the United States · 1997
  4. Gonzales v. OregonSupreme Court of the United States · 2006
  5. Northeast Marine Terminal Co. v. CaputoSupreme Court of the United States · 1977

12 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Price v. Stevedoring Services of America, Inc.Court of Appeals for the Ninth Circuit · 2012
  2. B & G Mining, Inc. v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Sixth Circuit · 2008
  3. Eastern Associated Coal Corp. v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the Fourth Circuit · 2013
  4. Pucci v. SomersDistrict Court, E.D. Michigan · 2011
  5. Truczinskas v. Director, Office of Workers' Compensation ProgramsCourt of Appeals for the First Circuit · 2012

17 more not listed; retrieve them via the Exa API.

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