Case Citator › Guevara v. Maritime Overseas Corp.

Guevara v. Maritime Overseas Corp.

Is it still good law? What later courts have actually done to this case.

Reversed
Court
Fifth Circuit
Citation
34 F.3d 1279
Decided
Confirmed treatments
1
Flagged citations read
54 of 54
Citing cases (total)
54
Treatment dates
1995
Reversed
A higher court reversed this decision. Do not rely on it for the points reversed; the history below says what the higher court did. Guevara v. Maritime Overseas Corp.'s 1994 panel decision was reversed in part on en banc rehearing. The Fifth Circuit reinstated the panel's negligence and shipowner-conduct rulings but rejected its affirmance of the district court's punitive damages award for failure to pay maintenance and cure.
More on how this was screened

All 54 flagged citations have been read; the confirmed treatment is listed below. The Supreme Court later held that punitive damages are available for a willful failure to pay maintenance and cure in Atlantic Sounding Co. v. Townsend, 557 U.S. 404 (2009). The citation list is misrouted: 48 of the 50 distinct citing opinions name the separate 1995 en banc decision, 59 F.3d 1496 (), without naming this 1994 panel opinion. The source text for is the panel decision, 34 F.3d 1279, despite the incorrect 59 F.3d metadata. The en banc treatment below was checked directly against the text of.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

54 later cases cite Guevara v. Maritime Overseas Corp.; 54 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

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Treatments

Reversed

  • On rehearing, the Fifth Circuit rejected the panel's affirmance of the district court's punitive damages award for failure to pay maintenance and cure while reinstating the panel's other rulings.

    Guevara v. Maritime Overseas Corp. · Fifth Circuit (en banc) · filed

    In this opinion, we only address the question of whether punitive damages are still available in maintenance and cure cases. As a consequence, the portions of the panel opinion addressing the jury's finding of negligence (Part IIA), see Guevara, 34 F.3d at 1281-82, and the jury's finding of Maritime's arbitrary and capricious behavior (Part IIB), see id. at 1282-83, are reinstated. ... The district court's judgment is REVERSED insofar as it awarded punitive damages to Guevara for the willful failure to pay maintenance, but in all other respects, the judgment of the district court is AFFIRMED.
    Read the full opinion on CourtListener →

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