Richard Tate v. Am. Tugs, Inc. & Underwriters at Lloyd's of London, Defendants, 634 F.2d 869 (5th Cir. 1981). · Go Syfert
Richard Tate v. Am. Tugs, Inc. & Underwriters at Lloyd's of London, Defendants, 634 F.2d 869 (5th Cir. 1981). Cases Citing This Book View Copy Cite
68 citation events (34 in the last 25 years) across 15 distinct courts.
Treatment trajectory · 1981 → 2026 · click a year to view as-of
1981 2003 2026
Top citers, strongest first. 32 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Helix Energy Solutions Group, Inc., Helix Subsea Construction, Inc., and Helix Well Ops Inc. v. Matthew Howard
Tex. App. · 2014 · quote attribution · 1 verbatim quote · confidence high
determination of the proper amount of maintenance is a factual question, to be decided on evidence presented to the trial court
discussed Cited as authority (verbatim quote) Terrebonne v. K-Sea Oprt Prtnshp
5th Cir. · 2007 · quote attribution · 1 verbatim quote · confidence high
the right of an injured seaman to maintenance is a form of compensation that arises out of the contract of employment.
discussed Cited as authority (rule) Matthew Sullivan v. C-Dive, LLC et al
E.D. La. · 2026 · confidence medium
LAW AND ANALYSIS A. Legal Standard A Jones Act seaman may request “severance of the maintenance (and cure) claim and an expedited trial by the court.” Tate v. American Tugs, Inc., 634 F.2d 869, 871 (5th Cir. 1981).
cited Cited as authority (rule) Hydraflow Industries NZ Limited v. DOES 1-139
W.D. Tex. · 2022 · confidence medium
Tate v. American Tugs, Inc., 634 F.2d 869, 870 (5th Cir. 1981).
discussed Cited as authority (rule) Scott v. Westbank Fishing, LLC
E.D. La. · 2022 · confidence medium
Doc. 28-1 at 7. 71 McBride v. Estis Well Serv., LLC, 853 F.3d 777, 783 (5th Cir. 2017) (quoting Boudreaux v. United States, 280 F.3d 461, 468 (5th Cir. 2000)). 72 Hall v. Nobile Drilling (U.S.) Inc., 242 F.3d 582 , 586 (5th Cir. 2001) (quoting Tate v. American Tugs, Inc., 634 F.2d 869, 871 (5th Cir. 1981)). 73 Atl.
cited Cited as authority (rule) In the Matter of Madere & Sons Marine Rental, LLC
E.D. La. · 2021 · confidence medium
Tugs, Inc., 634 F.2d 869, 871 (5th Cir. 1981) (citations omitted).
discussed Cited as authority (rule) Singerman v. P B C Management Inc
W.D. La. · 2021 · confidence medium
“The amount of maintenance to which an injured seaman is entitled is a question of fact.” Caulfield v. AC & D Marine, Inc., 633 F.2d 1129, 1132 (5th Cir.1981); see also McWilliams v. Texaco, Inc., 781 F.2d 514 , 517–18 (5th Cir.1986); Tate v. American Tugs, Inc., 634 F.2d 869, 870 (5th Cir. 1981); Matter of LeBeouf Bros.
discussed Cited as authority (rule) Creel v. City of Baton Rouge/Parish of East Baton Rouge
M.D. La. · 2021 · confidence medium
The Court found that imposing an exhaustion requirement would be inconsistent with Congress' intent in enacting section 1983, i.e., protecting individuals' basic federal rights against incursions by state power.16 10 Tate v. American Tugs, Inc., 634 F.2d 869, 870 (5th Cir. 1981) (internal quotation marks omitted). 11 Univ. of Tex. v. Camenisch, 451 U.S. 390, 395 , 101 S.Ct. 1830 , 68 L.Ed.2d 175 (1981). 12 Id. 13 Id. 14 See Myrick v. City of Dallas, 810 F.2d 1382, 1388 (5th Cir.1987). 15 457 U.S. 496 (1982). 16 Id. at 503 , 102 S.Ct. at 2561 .
discussed Cited as authority (rule) In Re: In the Matter of the Complaint of LeBeouf Bros. Towing, LLC (2×)
E.D. La. · 2020 · confidence medium
May 20, 2011) (holding a seaman was “entitled [to] summary judgment increasing the rate of maintenance from $15 per day to $41.40 per day” prior to trial, but that “genuine issues of material fact as to whether Plaintiff has reached the point of maximum medical improvement” precluded an award of future maintenance). 29 Tate v. American Tugs, Inc., 634 F.2d 869, 870 (5th Cir. 1981) (emphasis added) (citations omitted). 30 465 F.Supp. 1265 (E.D.
discussed Cited as authority (rule) Chad Barnes v. Sea Hawaii Rafting, LLC
9th Cir. · 2018 · confidence medium
Tugs, Inc., 634 F.2d 869, 871 (5th Cir. Unit A a strong policy or statute prevents this uniformity of treatment.” (quoting United States v. Article Consisting of 216 Cartoned Bottles, More or Less, Sudden Change, 288 F. Supp. 29, 32 (E.D.N.Y. 1968))). 38 BARNES V.
discussed Cited as authority (rule) Chad Barnes v. Sea Hawaii Rafting, LLC
9th Cir. · 2018 · confidence medium
Tugs, Inc., 634 F.2d 869, 871 (5th Cir. Unit A a strong policy or statute prevents this uniformity of treatment.” (quoting United States v. Article Consisting of 216 Cartoned Bottles, More or Less, Sudden Change, 288 F. Supp. 29, 32 (E.D.N.Y. 1968))).
examined Cited as authority (rule) Helix Energy Solutions Group, Inc. v. Howard (5×) also: Cited "see"
Tex. App. · 2014 · confidence medium
Tugs, Inc., 634 F.2d 869, 870 (5th Cir.1981) (“determination of the proper amount of [maintenance] is a factual question, to be decided on evidence presented to the trial court”).
discussed Cited as authority (rule) Innovative Manpower Solutions, LLC v. Ironman Staffing, LLC
W.D. La. · 2013 · confidence medium
The Fifth Circuit has noted that "[ojften times the concepts of 'irreparable injury’ and 'no adequate remedy at law' are indistinguishable.” Tate v. American Tugs, Inc., 634 F.2d 869, 871 (5th Cir.1981) (citing Lewis v. S.S.
cited Cited as authority (rule) Royal Caribbean Cruises, Ltd. v. Rigby
Fla. Dist. Ct. App. · 2012 · confidence medium
Inc., 634 F.2d 869, 871 (5th Cir.1981).
discussed Cited as authority (rule) Johnson Controls, Inc. v. Guidry
W.D. La. · 2010 · confidence medium
The Fifth Circuit has noted that "[o]ften times the concepts of 'irreparable injury’ and 'no adequate remedy at law' are indistinguishable.” Tate v. American Tugs, Inc., 634 F.2d 869, 871 (5th Cir.1981) citing Lewis v. S.S.
discussed Cited as authority (rule) Loftin v. Kirby Inland Marine, L.P.
unknown court · 2007 · confidence medium
An injured seaman, under the doctrine of maintenance, is entitled to “ ‘food and lodging of the kind and quality he would have received ... aboard [the] ship.’ ” Hall v. Noble Drilling (U.S.) Inc., 242 F.3d 582, 586 (5th Cir.2001) (quoting Tate v. American Tugs, Inc., 634 F.2d 869, 870 (5th Cir.1981)). “ ‘Cure involves the payment of therapeutic, medical and hospital expenses’ ” associated with the treatment of a seaman’s injury or illness.
cited Cited as authority (rule) Dextel Terrebonne v. K-Sea Transportation Corp., K-Sea Operating Partnership Lp, as Successor in Interest to K-Sea Transportation Corp.
5th Cir. · 2007 · confidence medium
Tugs, Inc., 634 F.2d 869, 870 (5th Cir.1981) (“The right of an injured seaman to maintenance is a form of compensation that arises out of the contract of employment.”).
cited Cited as authority (rule) Hall v. Noble Drilling (U.S.) Inc.
5th Cir. · 2001 · confidence medium
Tate v. American Tugs, Inc., 634 F.2d 869, 871 (5th Cir. Unit A 1981); see also Springbom v. American Commercial Barge Lines, Inc., 767 F.2d 89, 94 (5th Cir.1985); Calmar S.S.
discussed Cited as authority (rule) James Hall v. Noble Drilling (u.s.) Inc. Noble Drilling Services, Inc., Charles Byron Stuart v. Noble Drilling (u.s.) Inc. Noble Drilling Services, Inc.
5th Cir. · 2001 · confidence medium
Norris, 2 The Law of Seamen § 26:3 at 5 n.4 (4th Ed. 1985). 9 Harden v. Gordon, 11 F. Cas. at 483 . 10 Tate v. American Tugs, Inc., 634 F.2d 869, 871 (5th Cir. Unit A 1981); see also Springborn v. American Commercial Barge Lines, Inc., 767 F.2d 89, 94 (5th Cir. 1985); Calmar S.S.
discussed Cited as authority (rule) Crane v. Diamond Offshore Drilling, Inc.
La. Ct. App. · 1999 · confidence medium
Comeaux v. Basin Marine, Inc., 93 1624 (La.App. 1st Cir. 6/24/94), 640 So.2d 833 , citing Springborn v. American Commercial Barge Lines, Inc., supra ; Thezan v. Maritime Overseas Corporation, 708 F.2d 175, 182 , (5 th Cir.1983), cert. denied, 464 U.S. 1050 , 104 S.Ct. 729 , 79 L.Ed.2d 189 (1984); Tate v. American Tugs, Inc., 634 F.2d 869, 870 (5th Cir.1981).
cited Cited as authority (rule) Dennis J. Baldassaro v. United States
5th Cir. · 1995 · confidence medium
Tate v. American Tugs, Inc., 634 F.2d 869, 870 (5th Cir.1981). 33 .
cited Cited as authority (rule) Mathis v. Connecticut General Life Insurance
N.D. Tex. · 1994 · confidence medium
Tate v. American Tugs, Inc., 634 F.2d 869, 870 (5th Cir.1981).
discussed Cited as authority (rule) Comeaux v. Basin Marine, Inc.
La. Ct. App. · 1994 · confidence medium
Springborn v. American Commercial Barge Lines, Inc., 767 F.2d 89, 94-5 (5th Cir.1985); Thezan v. Maritime Overseas Corporation, 708 F.2d 175, 182, n. 9 (5th Cir.1983), cert. denied, 464 U.S. 1050 , 104 S.Ct. 729 , 79 L.Ed.2d 189 (1984); Tate v. American Tugs, Inc., 634 F.2d 869, 870 (5th Cir.1981).
discussed Cited as authority (rule) Taylor Novelty, Inc. v. City of Taylor
6th Cir. · 1987 · confidence medium
See also Dollar Rent A Car v. Travelers Indemnity Co., 774 F.2d 1371 , 1375 (9th Cir.1985) ("An essential prerequisite to the granting of a preliminary injunction is a showing of irreparable injury to the moving party in its absence."); Buckingham Corp. v. Karp, 762 F.2d 257, 262 (2d Cir.1985) ("The linchpin of [preliminary] relief is that threatened irreparable harm will be prevented by that injunction."); Tate v. American Tugs, Inc., 634 F.2d 869, 870 (5th Cir.1981) ("An indispensable prerequisite to issuance of a preliminary injunction is prevention of irreparable injury."); United States v…
discussed Cited as authority (rule) Jimmy Yelverton v. Mobile Laboratories, Inc.
5th Cir. · 1986 · confidence medium
See Springbom v. American Commercial Barge Lines, Inc., 767 F.2d 89, 95 (5th Cir.1985); Harper v. Zapata Offshore Co., 741 F.2d 87, 91 (5th Cir.1984); Curry v. Fluor, 715 F.2d 893, 896 (5th Cir.1983); Thezan v. Maritime Overseas Corp., 708 F.2d 175, 182 (5th Cir.1983), cert. denied, 464 U.S. 1050 , 104 S.Ct. 729 , 79 L.Ed.2d 189 (1984); Tate v. American Tugs, Inc., 634 F.2d 869, 870 (5th Cir.1981); Caulfield v. AC & D Marine, Inc., 633 F.2d 1129, 1132 (5th Cir. 1981).
discussed Cited as authority (rule) Bob Springborn, Cross-Appellant v. American Commercial Barge Lines, Inc., Inland Tugs Company, Cross-Appellee (2×)
5th Cir. · 1985 · confidence medium
Co., 669 F.2d 345, 346 , 1984 A.M.C. 1318, 1319 (5th Cir.1982); Tate v. American Tugs, Inc., 634 F.2d 869, 870 , 1981 A.M.C. 2826, 2827 (5th Cir.1981); see also Norris, The Law of Seamen, § 572 at 90 (1970) (maintenance while being cured takes the place of the seaman’s sustenance on the ship).
discussed Cited as authority (rule) Bear Creek Water Ass'n v. City of Canton (2×) also: Cited "see"
S.D. Miss. · 1985 · confidence medium
“The basis of injunctive relief in the federal courts has always been irreparable harm and inadequacy of legal remedies.” Beacon Theatres, Inc. v. Westover, 359 U.S. 500, 506-07 , 79 S.Ct. 948, 954-55 , 3 L.Ed.2d 988 (1959); Sampson v. Murray, 415 U.S. 61, 88 , 94 S.Ct. 937, 951 , 39 L.Ed.2d 166 (1974); Canal Authority, 489 F.2d at 576; Tate v. American Tugs, Inc., 634 F.2d 869, 870 (5th Cir. 1981).
cited Cited as authority (rule) In re the Complaint of Robbins
W.D. Wash. · 1983 · confidence medium
Tate v. American Tugs, Inc., 634 F.2d 869, 870-71 (5th Cir.1981).
discussed Cited as authority (rule) Glenn Paul Baker, Sr., Cross-Appellant v. Raymond International, Inc., Cross-Appellee
5th Cir. · 1981 · confidence medium
Although an injured seaman’s right to these forms of support is implied by law, it “arises out of the contract of employment.” Tate v. American Tugs, Inc., 634 F.2d 869, 870 (5th Cir. 1981); see Vaughan v. Atkinson, 369 U.S. 527, 532-33 , 82 S.Ct. 997, 1000-01 , 8 L.Ed.2d 88, 92-93 (1962); Cortes v. Baltimore Insular Line, Inc., 287 U.S. 367, 371 , 53 S.Ct. 173, 174 , 77 L.Ed. 368, 371 (1932); McCorpen v. Central Gulf S.S.
discussed Cited as authority (rule) Joseph Incandela v. American Dredging Company
2d Cir. · 1981 · signal: cf. · confidence medium
Cf. Tate v. American Tugs, Inc., 634 F.2d 869, 870-71 (5th Cir. 1981) (maintenance rate should vary to reflect the quality of food and lodging on ship and the cost of their equivalents on shore).
examined Cited "see" Helix Energy Solutions Group, Inc., Helix Subsea Construction, Inc., and Helix Well Ops Inc. v. Matthew Howard (3×)
Tex. App. · 2014 · signal: see · confidence high
See Tate v. American Tugs, Inc., 634 F.2d 869, 871 (5th Cir. 1981).
cited Cited "see" Karim v. Finch Shipping Co., Ltd.
La. Ct. App. · 1998 · signal: see · confidence high
See Tate v. American Tugs, Inc., 634 F.2d 869, 870 (5th Cir.1981).
Retrieving the full opinion text from the archive…
Richard TATE, Plaintiff-Appellant,
v.
AMERICAN TUGS, INC. and Underwriters at Lloyd’s of London, Defendants-Appellees
80-3462.
Court of Appeals for the Fifth Circuit.
Jan 20, 1981.
634 F.2d 869
James A. Wysocki, New Orleans, La., for plaintiff-appellant., Phelps, Dunbar, Marks, Claverie & Sims, Carl J. Hebert, New Orleans, La., for defendants-appellees.
Gee, Rubin, Randall.
Cited by 43 opinions  |  Published
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 had, since the time of the injury, made payments of maintenance at the daily rate of $8.00. Payments were resumed at the same rate after suit was filed. In May, Tate requested the court to issue a preliminary injunction restraining the employer from withholding payments of maintenance at a rate in excess of $8.00. If effect, he sought to have the court order an increase in the daily rate of maintenance payments.

An indispensable prerequisite to issuance of a preliminary injunction is prevention of irreparable injury. Van Arsdel v. Texas A&M University, 628 F.2d 344, 346 (5th Cir. 1980); Harris v. Wilters, 596 F.2d 678, 680 (5th Cir. 1979); Henry v. First National Bank of Clarksdale, 595 F.2d 291, 302 (5th Cir. 1979), cert. denied sub nom., 444 U.S. 1074, 100 S.Ct. 1020, 62 L.Ed.2d 756 (1980); Lewis v. S.S. Baune, 534 F.2d 1115, 1121 (5th Cir. 1976). “Only in rare instances is the issuance of a mandatory preliminary injunction proper.” Harris v. Wilters, 596 F.2d at 680. We examine this claim to determine whether the irreparable injury requirement is satisfied.

The right of an injured seaman to maintenance is a form of compensation that arises out of the contract of employment. Vaughan v. Atkinson, 369 U.S. 527, 82 S.Ct. 997, 8 L.Ed.2d 88 (1962); Calmar S.S. Corp. v. Taylor, 303 U.S. 525, 58 S.Ct. 651, 82 L.Ed. 993 (1938); Cortes v. Baltimore Insular Line, 287 U.S. 367, 53 S.Ct. 173, 77 L.Ed. 368 (1932). The policy supporting the shipowner’s duty to provide maintenance and cure and the history of this ancient right of the seaman have been often recounted. Vella v. Ford Motor Co., 421 U.S. 1, 95 S.Ct. 1381, 43 L.Ed.2d 682 (1975); Aguilar v. Standard Oil Co., 318 U.S. 724, 63 S.Ct. 930, 87 L.Ed. 1107 (1943). See also 2 M. Norris, The Law of Seamen, §§ 538-40 (3d ed. 1970); G. Gilmore and C. Black, The Law of Admiralty, 281-82 (2d ed. 1975). The shipowner is required to furnish the seaman with food and lodging of the kind and quality he would have received had he been able to continue working aboard ship. Calmar S.S. Corp. v. Taylor, 303 U.S at 528, 58 S.Ct. at 653, 82 L.Ed. at 996. If the owner does not furnish it in kind, he must pay a daily stipend for the seaman’s subsistence. Pelotto v. L&N Towing Co., 604 F.2d 396, 400 (5th Cir. 1979) (maintenance is a per diem living allowance).

Because the payment is to provide food and lodging comparable to the quality afforded aboard the vessel, the amount necessary may vary depending both on what was furnished on the ship and the cost of equivalents in the port where the seaman must fend for himself. Thus, determination of the proper amount is a factual question, to be decided on evidence presented to the trial court. Caulfield v. AC&D Marine, Inc., 633 F.2d 1129, at 1132 (5th Cir.[*871] 1981); United States v. Robinson, 170 F.2d 578 (5th Cir. 1943), cert. denied, 339 U.S. 923, 70 S.Ct. 611, 94 L.Ed. 1345 (1950); Billiot v. Toups Marine Transport, Inc., 465 F.Supp. 1265 (E.D. La. 1979) (denying preliminary injunction to increase maintenance payments); Carline v. Capital Marine Supply, Inc., 81 F.R.D. 710 (E.D. La. 1979) (denying preliminary injunction to increase maintenance payments); Robinson v. Plimsoll Marine, Inc., 460 F.Supp. 949 (E.D. La. 1978); Duplantis v. Williams-McWilliams Industries, Inc., 298 F.Supp. 13 (E.D. La. 1969); Phillips v. Boatel, Inc., 280 F.Supp. 475 (E.D. La. 1968); Hudspeth v. Atlantic & Gulf Stevedores, Inc., 266 F.Supp. 937 (E.D. La. 1967).

While the seaman has the right, which he here chose to exercise, to join his claim for maintenance and the other general maritime law claims with his Jones Act claim, Romero v. International Terminal Operating Co., 358 U.S. 354, 79 S.Ct. 468, 3 L.Ed.2d 368 (1959), and obtain a jury trial of all of these claims, Fitzgerald v. United States Lines, 374 U.S. 16, 83 S.Ct. 1646, 10 L.Ed.2d 720 (1963), he is not obligated to do so. Pelotto v. L&N Towing Co., 604 F.2d 396 (5th Cir. 1979). Indeed he may either sue separately for maintenance and cure, Pelotto v. L&N Towing Co., 604 F.2d 396, 402 (5th Cir. 1979), see Pacific S.S. Co. v. Peterson, 278 U.S. 130, 49 S.Ct. 75, 73 L.Ed.2d 220 (1928), or, having filed one suit, ask for severance of the maintenance claim and an expedited trial of it by the court. Caulfield v. AC&D Marine, Inc., 633 F.2d 1129, at 1133 (5th Cir. 1981).

The seaman contends that he may suffer irreparable injury from inadequate maintenance: he may have inadequate food, he may suffer disease and his health may be irreparably damaged. The vessel owner contends that money damage is adequate recompense for failure to pay money. In an extreme case, where the seaman is destitute and his employer refuses to pay anything, there might be some basis for the argument. That situation is not here presented; payments of $8.00 are being made, the seaman’s suit is already filed and he pleads no desperate urgency. We, therefore, need not decide that injunctive relief would never be available. In the present case, such injury to Mr. Tate as might be threatened can readily be averted by a remedy that awaits his call: separate trial of his maintenance claim. Such a trial would accord both parties a full hearing on the evidence instead of the summary presentation inevitably required in considering the issuance of a preliminary injunction. Because another speedy remedy is available, an injunction is not necessary to prevent irreparable harm. “Often times the concepts of ‘irreparable injury’ and ‘no adequate remedy at law’ are indistinguishable.” Lewis v. S.S. Baune, 534 F.2d at 1124.

The solution to the seaman’s problem is in his own hands. He may have a prompt trial of the maintenance claim by the court if he chooses. He may elect to have a jury trial of that claim when his Jones Act claim is heard. But he may not have the benefit of all his desires: equitable hearing of a claim for increased maintenance and a later jury trial of substantially the same question.

For these reasons, the judgment of the District Court is AFFIRMED.