Legal Opinion

Richard Tate v. American Tugs, Inc. And Underwriters at Lloyd's of London, Defendants

Court of Appeals for the Fifth Circuit

Decided January 20, 1981No. 80-3462PublishedCited by 45 opinions

1Opinion of the Court

ALVIN B. RUBIN, Circuit Judge:

This appeal presents the novel question whether an injured seaman may have the amount being paid to him for maintenance increased by a preliminary injunction compelling his employer to pay him a higher daily rate. The originality of the issue does not imply difficulty in its solution. We affirm the trial judge’s denial of injunctive relief.

In January, 1980, Richard Tate filed an action combining a negligence claim under the Jones Act, 46 U.S.C. § 688, with an unseaworthiness claim and a claim for maintenance and cure under the general maritime law. His employer…

2Cases cited21 opinions

  1. Romero v. International Terminal Operating Co.Supreme Court of the United States · 1959
  2. Vaughan v. AtkinsonSupreme Court of the United States · 1962
  3. Calmar Steamship Corp. v. TaylorSupreme Court of the United States · 1938
  4. Aguilar v. Standard Oil Co. of NJSupreme Court of the United States · 1943
  5. Cortes v. Baltimore Insular Line, Inc.Supreme Court of the United States · 1932

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

3Cited by45 opinions

  1. Glenn Paul Baker, Sr., Cross-Appellant v. Raymond International, Inc., Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1981
  2. Cory Gardiner, William E. Bishop v. Sea-Land Service, Inc., United States Lines, Inc., Etc., DefendantsCourt of Appeals for the Ninth Circuit · 1986
  3. Bertram v. Freeport McMoran, Inc.Court of Appeals for the Fifth Circuit · 1994
  4. Lee D. Harper v. Zapata Off-Shore CompanyCourt of Appeals for the Fifth Circuit · 1984
  5. Bob Springborn, Cross-Appellant v. American Commercial Barge Lines, Inc., Inland Tugs Company, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1985

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

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