general maritime law claim (Louisiana) · Go Syfert
← Louisiana issues

general maritime law claim in Louisiana

5 Louisiana opinions name it 1 courts 1983–2001 0 in the last five years

The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Bradford McPhillamy v. Brown & Root, Inc.green
ca5 · 1987 · cited in 1 Louisiana opinions naming this issue, 1996–1996
1 sentence

1996See McPhillamy v. Brown & Root, Inc., 810 F.2d 529, 531-32 (5th Cir.1987), wherein the court denied prejudgment interest to a seaman who was struck in the face by a frayed cable which had broken loose from a barge.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Dyer v. Merry Shipping Co. green
ca5 · 1981
1 sentence

2001In light of Miles , the Guevara court held that the holding in Dyer v. Merry Shipping Co., 650 F.2d 622 (5th Cir.1981), that punitive damages were available in wrongful death cases brought under the unseaworthiness doctrine of general maritime law, was effectively overruled.

12001–2001
Mistich v. Pipelines, Inc. green
lactapp · 1992
1 sentence

1995Plaintiff counters this argument by relying on Mistich v. Pipelines, Inc., 609 So.2d 921 (La.App. 4th Cir.1992), writ denied 613 So.2d 996 (La.1993), in which we stated that when a Jones Act claim is tried jointly with a general maritime law claim before a judge, prejudgment interest may be awarded at the trial court’s discretion.

11995–1995
Miles v. Apex Marine Corp. green
scotus · 1990
2 sentences

1995Whether or not a general maritime law claim for punitive damages in connection with denial of a maintenance and cure claim survived Miles v. Apex Marine [ 498 U.S. 19 , 111 S.Ct. 317 , 112 L.Ed.2d 275 (1990)] and whether the evidence preponderates that defendant was arbitrary and capricious in denying plaintiff's maintenance and cure claim.

1995Whether or not a general maritime law claim for punitive damages in connection with denial of a maintenance and cure claim survived Miles v. Apex Marine [ 498 U.S. 19 , 111 S.Ct. 317 , 112 L.Ed.2d 275 (1990)] and whether the evidence preponderates that defendant was arbitrary and capricious in denying plaintiff's maintenance and cure claim.

11995–1995
Mistich v. Pipelines, Inc. green
la · 1993
1 sentence

1995Plaintiff counters this argument by relying on Mistich v. Pipelines, Inc., 609 So.2d 921 (La.App. 4th Cir.1992), writ denied 613 So.2d 996 (La.1993), in which we stated that when a Jones Act claim is tried jointly with a general maritime law claim before a judge, prejudgment interest may be awarded at the trial court’s discretion.

11995–1995
Barton v. Zapata Offshore Company green
laed · 1975
1 sentence

1983In Barton v. Zapata Offshore Company, 397 F.Supp. 778 (E.D.La., 1975), the court rejected the notion that an unseaworthiness claim when combined with a Jones Act claim retains its status as a claim "at law" and is therefore governed by normal admiralty principles which allow prejudgment interest to be awarded.

11983–1983

Where else courts name it

LA 5 (1983–2001) TX 3 (2000–2015)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check