ITT FEDERAL SERVICES CORP. v. ANDUZE MONTANO

No. 06-1417.

474 F.3d 32 (2007)

ITT FEDERAL SERVICES CORP. and Pacific Employers Insurance Company, Plaintiffs, Appellants, v. Harry ANDUZE MONTAÑO, His Wife Maria Dolores Fernós, and Their Respective Conjugal Partnership, Noelma Colón Cordovés, Her Husband John Doe, and Their Respective Conjugal Partnership, "LMN" Insurance Company, "XYZ" Insurance Company, "ABC" Insurance Company, and "EFG" Insurance Company, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided January 26, 2007.


Attorney(s) appearing for the Case

Keith L. Flicker with whom Robert N. Dengler, Michelle P. Cavalieri and Flicker, Garelick & Associates, LLP were on brief for appellants.

Giancarlo Font Garcia with whom Rivera-Carrasquillo, Martinez & Font were on brief for appellees.

Before HOWARD, Circuit Judge, BALDOCK and STAHL, Senior Circuit Judges.


BALDOCK, Senior Circuit Judge.

The principal issue in this appeal is whether the Longshore and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C. §§ 901-950, provides a covered employer and its insurance carrier with a statutory right to seek damages against an injured employee's attorneys for legal malpractice in pursuing the employee's claims against a responsible third party. We hold the LHWCA provides no such right.

I.

Edgar O. Col...

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