Legal Opinion
Warnie Lee Ivy, Cross-Appellants v. Security Barge Lines, Inc., Cross-Appellee
Court of Appeals for the Fifth Circuit
Decided December 4, 1978No. 76-4130PublishedCited by 72 opinions
1Opinion of the Court
ALVIN B. RUBIN, Circuit Judge:
In this case we explore for the first time since the Supreme Court’s decision in Mobil Oil Corp. v. Higginbotham, 1978, 436 U.S. 618, 98 S.Ct. 2010, 56 L.Ed.2d 581, the question whether damages for nonpecuni-ary losses may be recovered in a Jones Act suit for the death of a decedent on the territorial waters of the United States. We find ourselves compelled both by the facts of Higginbotham and the policy underlying it to conclude that damages for loss of society may not be allowed. Defendant Security Barge Lines has also raised several other alleged errors. We…
2Cases cited67 opinions
- Moragne v. States Marine Lines, Inc.Supreme Court of the United States · 1970
- Gillespie v. United States Steel Corp.Supreme Court of the United States · 1964
- Michigan Central Railroad v. VreelandSupreme Court of the United States · 1913
- Sea-Land Services, Inc. v. GaudetSupreme Court of the United States · 1974
- Mobil Oil Corp. v. HigginbothamSupreme Court of the United States · 1978
62 more not listed; retrieve them via the Exa API.
3Cited by72 opinions
- Charles D. Gautreaux v. Scurlock Marine, Inc.Court of Appeals for the Fifth Circuit · 1997
- Spray-Rite Service Corporation, an Iowa Corporation v. Monsanto Company, a Delaware CorporationCourt of Appeals for the Seventh Circuit · 1982
- Brown v. Parker Drilling Offshore Corp.Court of Appeals for the Fifth Circuit · 2005
- United States v. Maria Elvira Moreno, United States of America v. Andres GonzalezCourt of Appeals for the First Circuit · 1991
- Whitehead v. Food Max of Mississippi, Inc.Court of Appeals for the Fifth Circuit · 1998
67 more not listed; retrieve them via the Exa API.