Legal Opinion

Ambrosio Longoria v. Hunter Express, Limited, et a

Court of Appeals for the Fifth Circuit

Decided August 1, 2019No. 17-41042PublishedCited by 34 opinions

1Opinion of the Court

GREGG COSTA, Circuit Judge:

Cases with the simplest of facts can raise difficult legal issues on appeal. So it is with this appeal from a three-day personal injury trial that resulted in a verdict of more than $2.8 million for the plaintiff. The appeal raises issues of error preservation, whether state or federal law governs challenges to the excessiveness of damages in diversity cases, and the role of the "maximum recovery" rule. After wading through these sometimes murky waters, we vacate the award for future mental anguish as there was no evidence to support any such award and vacate as…

2Cases cited36 opinions

  1. Pool v. Ford Motor Co.Texas Supreme Court · 1986
  2. Gasperini v. Center for Humanities, Inc.Supreme Court of the United States · 1996
  3. Maritime Overseas Corp. v. EllisTexas Supreme Court · 1998
  4. Parkway Co. v. WoodruffTexas Supreme Court · 1995
  5. Saenz v. Fidelity & Guaranty Insurance UnderwritersTexas Supreme Court · 1996

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

3Cited by34 opinions

  1. Harris v. FedEx Corporate ServicesCourt of Appeals for the Fifth Circuit · 2024
  2. Echeverry v. Jazz CasinoCourt of Appeals for the Fifth Circuit · 2021
  3. Montcrief v. Peripheral VascularCourt of Appeals for the Fifth Circuit · 2025
  4. Warner v. Talos ERTCourt of Appeals for the Fifth Circuit · 2025
  5. Le v. United StatesCourt of Appeals for the Fifth Circuit · 2025

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

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