Legal Opinion

James Breese, Jr., Cross-Appellee v. Awi, Inc., Cross-Appellant

Court of Appeals for the Fifth Circuit

Decided July 30, 1987No. 86-3607PublishedCited by 52 opinions

1Opinion of the Court

RANDALL, Circuit Judge:

James Breese, Jr., a disabled seaman, appeals the district court’s determination that he was not entitled to recover attorney’s fees and punitive damages from AWI, Inc., for AWI’s purported bad faith failure to pay him maintenance and cure following his heart attack. Because we agree with Breese that AWI’s investigation of his claim for maintenance and cure was impermissibly lax, we reverse the judgment of the district court and remand for a determination of the appropriate amount of attorney’s fees and punitive damages to be awarded to Breese. In all other respects, we…

2Cases cited12 opinions

  1. Vaughan v. AtkinsonSupreme Court of the United States · 1962
  2. Gordon H. Hubbard and Shirley M. Hubbard v. Faros Fisheries, Inc.Court of Appeals for the First Circuit · 1980
  3. Harry Holmes v. J. Ray McDermott & Company, Inc.Court of Appeals for the Fifth Circuit · 1984
  4. Pamela Tullos, Wife Of/and Ronald David Tullos, Cross-Appellants v. Resource Drilling, Inc., and Superior Oil Company, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1985
  5. Lee D. Harper v. Zapata Off-Shore CompanyCourt of Appeals for the Fifth Circuit · 1984

7 more not listed; retrieve them via the Exa API.

3Cited by52 opinions

  1. Aggarao v. MOL SHIP MANAGEMENT CO., LTD.Court of Appeals for the Fourth Circuit · 2012
  2. Rashidi v. American President LinesCourt of Appeals for the Fifth Circuit · 1996
  3. Guevara v. Maritime Overseas Corp.Court of Appeals for the Fifth Circuit · 1994
  4. Hizam Al-Zawkari v. American Steamship CompanyCourt of Appeals for the Sixth Circuit · 1989
  5. Manderson v. Chet Morrison Contractors, Inc.Court of Appeals for the Fifth Circuit · 2012

47 more not listed; retrieve them via the Exa API.

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