Barry Ponticello was successful again at the 9th Circuit, this time reversing the BRB on a 33 USC 928 issue. Oral argument was held at the Pasadena 9th Circuit location, addressing the application of Supreme Court precedent.
The EPS San Diego office took in a Padres game. Not only a win, but back to back to back home runs! Great time had by all!
At the San Francisco location of the 9th Circuit, Barry Ponticello argued an LHWCA matter involving 33 USC 928, notice and finality issues. Mr. Ponticello and the defense team prevailed following argument, and attempts at rehearing were also denied.
EPS has litigated appellate matters at the California District Courts of Appeal, California Supreme Court, United States Circuit Courts of Appeal and the United States Supreme Court.
Barry Ponticello was a proud invitee at the christening of the USNS, a vessel built by long time EPS partner National Steel and Shipbuilding (NASSCO) in January 2023.
U.S. Supreme Court Justice Kagan did the christening at the event, also attended by the Secretary of the Navy.
University of San Diego (USD) School of Law Features Ponticello in Alumni Spotlight
August 2022: EPS partner Barry Ponticello was featured as the first alumni spotlight by the USD Law School.
Barry Ponticello and Sarah Reddiconto have been requested to present to the SD County Bar issues surrounding the California Supreme Court case of Privette, and the line of cases that followed. Knowledge of this doctrine and the subsequent line of cases involving hirers and contractors (one of which was argued by Barry Ponticello before the California Supreme Court) is essential to both liability defense and wc subrogation case handling. 3rd party issues affecting both employers and employees, as well as the current state of this doctrine, will be addressed.
EPS again sponsored and participated in the Komen breast cancer walk for the cure.
EPS’ piece on medical-legal communications, a hot button legal issue, was published in the May edition of the worker’s compensation section of the State Bar magazine, Workers’ Compensation Quarterly. The magazine requested that EPS update a prior article on the topic for the magazine’s May 2020 publication. 
The United States Supreme Court heard oral argument on March 25, 2019 in the matter of The Dutra Group v Batterton, which case now stands submitted for decision. The issue to be addressed is the scope of a seaman’s damages under the general maritime law, namely whether punitive damages may be sought. On behalf of the maritime employer/vessel owner Defendant, EPS was successful in having both the Trial Court and 9th Circuit certify the interlocutory appeals sought. Wilmer Hale joined in as Supreme Court co- counsel.
The EPS team has long made law in all areas of their practice, be it general liability, LHWCA, subrogation, CA workers’ compensation or maritime law. On just this issue now to be decided by the SCOTUS, EPS has previously litigated the Jones Act/general maritime damages scope in multiple matters at all judicial levels- (CA) State and Federal Trial Courts, State and Federal Courts of Appeal, and now, the U.S. Supreme Court. This issue will now be decided for all of America by the SCOTUS.
The very questions of injury and proof were before the 9th Circuit Court of Appeals in a recently argued LHWCA matter. The matter arose as an orthopedic and pulmonary cumulative trauma claim of a decades long maritime pile driver asserted against his last maritime employer. The matter was tried over multiple days by Barry Ponticello, with an ALJ finding of no orthopedic or pulmonary injury. This decision was affirmed by the BRB.
At the 9th Circuit, the Claimant sought an alternative standard of proof in multiple employer cases, as well as differing occupational disease injury standards. Briefing opposing these theories was undertaken by Renee St.Clair and Mr. Ponticello, with Mr. Ponticello arguing the matter before the 3 judge appellate panel, who affirmed the Trial Decision.
ENGLAND PONTICELLO & ST.CLAIR blog 
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