Evening Star Newspaper v. Kemp
United States Circuit Court of Appeals for the District of Columbia
533 F.2d 1224 (1976)
The Evening Star Newspaper Company (Evening Star) (defendant) employed Nathan Kemp (plaintiff) as a truck driver delivering papers. Kemp was shot while “on the clock.” After an evidentiary hearing, the Administrative Law Judge (ALJ) found that Kemp’s death resulted from injuries sustained in the course of and arising out of his employment. As such, the ALJ determined that Kemp’s widow was entitled to compensation under the Longshoremen’s and Harbor Worker’s Compensation Act. The Department of Labor’s Benefit Review Board (Board) affirmed the decision. The Evening Star sought reversal of the order awarding Kemp’s widow compensation in federal court.
Rule of Law
Holding and Reasoning (Van Pelt, J.)
Dissent (Danaher, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 725,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 725,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 45,600 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.