Legal Opinion

Lester Whitehead v. Zurich American Insurance Company

Court of Appeals for the Fifth Circuit

Decided November 18, 2003No. 02-60907PublishedCited by 9 opinions

1Opinion of the Court

DeMOSS, Circuit Judge:

Plaintiff-Appellant, Lester Whitehead (‘Whitehead”), appeals the dismissal of his intentional tort claims against Defendant-Appellee, his employer’s workers’ compensation insurance carrier, Zurich American Insurance Company (“Zurich”). The district court dismissed Whitehead’s claim as premature because he had failed to exhaust his administrative remedies. The district court also denied Whitehead’s motion to amend his complaint and add his employer as a defendant.

BACKGROUND

Whitehead is an employee of F.E. Moran, Inc. Fire Protection (“Moran”). Moran is not a party to this…

2Cases cited10 opinions

  1. Kaiser Aluminum & Chemical Sales, Inc. v. Avondale Shipyards, Inc.Court of Appeals for the Fifth Circuit · 1982
  2. Byron L. Taylor v. United States Treasury Department, Internal Revenue ServiceCourt of Appeals for the Fifth Circuit · 1997
  3. Southern Farm Bureau Cas. Ins. v. HollandMississippi Supreme Court · 1984
  4. Luckett v. Mississippi Wood Inc.Mississippi Supreme Court · 1985
  5. Zephyr Aviation, L.L.C., Zephyr Aviation, L.L.C. v. Robert Alan Dailey, Also Known as Bob Dailey Kenneth Wayne Clary, Also Known as Ken ClaryCourt of Appeals for the Fifth Circuit · 2001

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3Cited by9 opinions

  1. Teresa Patrick v. Wal-Mart, IncorporatedCourt of Appeals for the Fifth Circuit · 2012
  2. Bullock v. AIU Ins. Co.Mississippi Supreme Court · 2008
  3. Vince Hardaway v. Howard Industries, Inc.Court of Appeals of Mississippi · 2016
  4. Boyden v. National Fire Insurance Company of HartfordDistrict Court, S.D. Mississippi · 2020
  5. Brown v. The ESAB Group, Inc.District Court, S.D. Mississippi · 2023

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

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