Legal Opinion
Stermer v. Archer-Daniels-Midland Co.
Louisiana Court of Appeal
Decided June 4, 2014No. 14-147PublishedCited by 4 opinions
1Opinion of the Court
PICKETT, Judge.
LA maritime employer appeals the trial court’s awards of penalties and attorney fees to a seaman for the employer’s failure to pay maintenance and cure for almost two and one-half years after the seaman was injured. Finding no manifest error in the trial court’s determination that the employer’s failure to pay maintenance and cure more promptly was arbitrary and capricious, we affirm the award of penalties in the amount of $300,000.00 and the finding that an award of attorney fees is warranted, but reverse the award of $150,000.00 in attorney fees and remand to the trial court…
2Cases cited18 opinions
- Stobart v. State Through DOTDSupreme Court of Louisiana · 1993
- Vaughan v. AtkinsonSupreme Court of the United States · 1962
- Cortes v. Baltimore Insular Line, Inc.Supreme Court of the United States · 1932
- Atlantic Sounding Co. v. TownsendSupreme Court of the United States · 2009
- David McCorpen v. Central Gulf Steamship CorporationCourt of Appeals for the Fifth Circuit · 1968
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3Cited by4 opinions
- Adrienne Stermer v. Archer-Daniels-Midland CompanyLouisiana Court of Appeal · 2016
- Enterprise Marine Services LLC v. Motion Industires Inc. D/B/A Voorhies Supply Company, a Division of Motion Industries Inc., Texas Court of Appeals, 1st District (Houston)2023
- Stermer v. Archer-Daniels-Midland Co.Louisiana Court of Appeal · 2016
- Stermer v. Archer-Daniels-Midland Co.Louisiana Court of Appeal · 2016