Legal Opinion
James C. Cathey and Bette Cathey v. The Dow Chemical Company Medical Care Program
Court of Appeals for the Fifth Circuit
Decided August 3, 1990No. 89-2971PublishedCited by 35 opinions
1Opinion of the Court
JERRY E. SMITH, Circuit Judge:
We undertake the painful task of denying certain medical benefits to a severely handicapped plaintiff, which were formerly available to her at home to treat her degenerative disease. However, “it is the duty of all courts of justice to take care, for the general good of the community, that hard cases do not make bad law.” United States v. Clark, 96 U.S. 37, 49, 24 L.Ed. 696 (1877) (Harlan, J., dissenting) (quoting Lord Campbell in East India Co. v. Paul, 7 Moo. P.C.C. 111). Accordingly, we take particular care to ensure that our legal analysis is not influenced…
2Cases cited12 opinions
- Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
- Eileen Moon, Individually and as of the Estate of R. Byron Moon, Cross-Appellant v. American Home Assurance Company, Cross-AppelleeCourt of Appeals for the Eleventh Circuit · 1989
- Stephen Brown, Douglas Shepard, Edward Schweikert, Thomas McCoy and Charles Tomasello v. Ampco-Pittsburgh Corp.Court of Appeals for the Sixth Circuit · 1989
- Donald A. Lowry v. Bankers Life and Casualty Retirement PlanCourt of Appeals for the Fifth Circuit · 1989
- United States v. ClarkSupreme Court of the United States · 1878
7 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Kenneth E. Wildbur, Sr. v. Arco Chemical Co.Court of Appeals for the Fifth Circuit · 1992
- Florence B. Corcoran Wife Of/and Wayne D. Corcoran v. United Healthcare, Inc., and Blue Cross and Blue Shield of Alabama, Inc.Court of Appeals for the Fifth Circuit · 1992
- Celestine Pierre and the Estate of James Nolan Pierre, Jr. v. Connecticut General Life Insurance Company/life Insurance Company of North AmericaCourt of Appeals for the Fifth Circuit · 1991
- Sweatman v. Commercial Union InsuranceCourt of Appeals for the Fifth Circuit · 1994
- Gary Kirwan v. Marriott Corporation, a Delaware CorporationCourt of Appeals for the Eleventh Circuit · 1994
30 more not listed; retrieve them via the Exa API.