Legal Opinion

Kenneth Smith v. Transworld Drilling Company Vessel, Rig 44, in Rem

Court of Appeals for the Fifth Circuit

Decided October 10, 1985No. 84-3095PublishedCited by 170 opinions

1Opinion of the Court

ALVIN B. RUBIN, Circuit Judge:

In this seaman’s personal injury suit, the district court determined that the jury’s verdict in favor of the seaman was against the great weight of the evidence and ordered a new trial. The second trial resulted in a jury verdict in favor of the vessel owner. The seaman first contends that the district court abused its discretion in granting the new trial. He argues, alternatively, that a third trial should be ordered because the court erred in charging the second jury. He also contends that the verdict of the second jury is “incorrect,” a claim we have treated…

2Cases cited13 opinions

  1. The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
  2. Fitzgerald v. United States Lines Co.Supreme Court of the United States · 1963
  3. 29 Fair empl.prac.cas. 442, 29 Empl. Prac. Dec. P 32,851, 10 Fed. R. Evid. Serv. 1410 Curtis Jackson, W. C. McClendon Lige Scretchen, Nathaniel Cooper and W. E. Parker, Cross-Appellants v. Seaboard Coast Line Railroad Company, Brotherhood Railway Carmen of the United States and Canada, Cross-Appellee. Curtis Jackson, W. C. McClendon Lige Scretchen v. Seaboard Coast Line Railroad, Co., Brotherhood Railway Carmen of the United States and CanadaCourt of Appeals for the Eleventh Circuit · 1982
  4. Arthur Wayne Carson, Cross-Appellee v. Officer Polley, Cross-AppellantsCourt of Appeals for the Fifth Circuit · 1982
  5. Gorsalitz v. Olin Mathieson Chemical Corp.Court of Appeals for the Fifth Circuit · 1970

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3Cited by170 opinions

  1. Laxton v. Gap Inc.Court of Appeals for the Fifth Circuit · 2003
  2. Wellogix, Inc. v. Accenture, L.L.P.Court of Appeals for the Fifth Circuit · 2013
  3. Christopher v. Depuy Orthopaedics, Inc. (In Re Depuy Orthopaedics, Inc., Pinnacle Hip Implant Prod. Liab. Litig.)Court of Appeals for the Fifth Circuit · 2018
  4. Ralph L. Gray, Appellant/cross-Appellee v. O. Gene Bicknell, Appellee/cross-AppellantCourt of Appeals for the Eighth Circuit · 1996
  5. Cecil Scott, Cross-Appellants v. Monsanto Company, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1989

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