Another EPS NINTH Circuit Victory

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.

Oberjuerge Named Partner

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ENGLAND PONTICELLO & ST.CLAIR (EPS) proudly announced that  Alex M. Oberjuerge has been named a partner in the firm.  Mr. Oberjuerge is in his eighth year with EPS.

In 2018, Mr. Oberjuerge was successful on the California state bar workers’ compensation certified specialist examination.  In addition to his workers’ compensation defense activities, Mr. Oberjuerge is also active defending civil litigation matters and those claims brought under the LHWCA.  EPS celebrated this announcement with a firm event for family and friends.

 

 

EPS U.S. Supreme Court Maritime Case Stands Submitted

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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.

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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.

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