Leopoldo Morales v. Garijak, Inc.
Court of Appeals for the Fifth Circuit
1Opinion of the Court
ALVIN B. RUBIN, Circuit Judge:
A shipowner challenges an assessment of compensatory damages and attorney’s fees for its failure to pay maintenance and cure to an injured seaman. Finding substantial *1357evidence to support the jury verdict that the shipowner acted unreasonably, we uphold the award of compensatory damages, but because the evidence is insufficient to show that the failure to pay was so unreasonable as to be arbitrary, we vacate the award of attorney’s fees. Since the jury was permitted to render a single award for both kinds of damages, we remand for determination of the amount of…
2Cases cited18 opinions
- The Boeing Company v. Daniel C. ShipmanCourt of Appeals for the Fifth Circuit · 1969
- Vaughan v. AtkinsonSupreme Court of the United States · 1962
- Cortes v. Baltimore Insular Line, Inc.Supreme Court of the United States · 1932
- Earl E. Robinson v. Pocahontas, Inc.Court of Appeals for the First Circuit · 1973
- Harold E. Alverez, Cross-Appellee v. J. Ray McDermott & Co., Inc., Cross-AppellantCourt of Appeals for the Fifth Circuit · 1982
13 more not listed; retrieve them via the Exa API.
3Cited by121 opinions
- Brown v. Parker Drilling Offshore Corp.Court of Appeals for the Fifth Circuit · 2005
- Guevara v. Maritime Overseas Corp.Court of Appeals for the Fifth Circuit · 1994
- Weeks Marine, Inc. v. GarzaTexas Supreme Court · 2012
- Guevara v. Maritime Overseas Corp.Court of Appeals for the Fifth Circuit · 1995
- Francis A. Deisler v. McCormack Aggregates, Co. Dredge "Sandy Hook", Her Boilers, Engines, Tackle, Appurtenances, Etc.Court of Appeals for the Third Circuit · 1995
116 more not listed; retrieve them via the Exa API.