Legal Opinion
4-K Marine, L.L.C. v. Enter. Marine Servs., L.L.C.
Court of Appeals for the Fifth Circuit
Decided January 30, 2019No. 18-30348PublishedCited by 20 opinions
1Opinion of the Court
LESLIE H. SOUTHWICK, Circuit Judge:
This is a maritime case involving an allision. The issue is whether the owner of the stationary, "innocent" vessel must be reimbursed for the medical expenses of an employee who fraudulently claimed his preexisting injuries had resulted from the allision. The district court said "no." We AFFIRM.
FACTUAL AND PROCEDURAL BACKGROUND
In June 2015, the M/V TOMMY, a tug owned and operated by the claimant Enterprise Marine Services, LLC, was pushing a flotilla of barges on the lower Mississippi River. Its lead barge made contact with the M/V MISS ELIZABETH, a tug that…
2Cases cited8 opinions
- Federal Deposit Insurance Corporation, in Its Corporate Capacity v. Gus S. Mijalis, and Gus S. MijalisCourt of Appeals for the Fifth Circuit · 1994
- 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
- Leopoldo Morales v. Garijak, Inc.Court of Appeals for the Fifth Circuit · 1987
- Bertram v. Freeport McMoran, Inc.Court of Appeals for the Fifth Circuit · 1994
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Poincon v. Offshr Mrne ContractorsCourt of Appeals for the Fifth Circuit · 2021
- Boatner v. C&G Welding, Inc.District Court, E.D. Louisiana · 2020
- Daggs v. Gulf Offshore Logistics, LLCDistrict Court, E.D. Louisiana · 2019
- Encore Group, LLC v. KingDistrict Court, E.D. Louisiana · 2022
- Friend v. McAdamsCourt of Appeals for the Fifth Circuit · 2021
15 more not listed; retrieve them via the Exa API.