· 10/11/2023
Jennifer Herrera and Danielle Gaitan v. Ryan Aguero and Rudy Aguero
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that the LHWCA “is a comprehensive scheme to provide compensation in respect of disability or death of an employee ... if the disability or death results from an injury occurring upon the navigable waters of the United States”
- stating that the LHWCA “is a comprehensive scheme to provide compensation in respect of disability or death of an employee . . . if the disability or death results from an injury occurring upon the navigable waters of the United States”
- declining to apply the legislative inaction canon to dicta, noting that “[b]reath spent repeating dicta does not infuse it with life”
- “The use of ‘conditions,’ a word in the plural, suggests that Congress did not intend to limit the bases for modifying awards to a single condition.”
- “Disability under the LHWCA, defined in terms of wage-earning capacity ..., is in essence an economic, not a medical, concept.”
- “ ‘[W]hen a statute speaks with clarity to an issue judicial inquiry into the statute’s meaning, in all but the most extraordinary circumstance, is finished.’ ”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.