· 5/3/1994
Beverly P. Davis, Wife Of/and Willie Earl Davis v. Odeco, Inc., Murphy Exploration & Production Company, Originally Sued as Odeco, Inc.
Citations
- 18 F.3d 1237
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that payments from an insurance plan funded primarily by the defendant-employer were in the nature of a fringe benefit and thus subject to the collateral source rule
- explaining that “[m]aintenance and cure is a seaman’s right under general maritime law to receive food and lodging (maintenance) and necessary medical services (cure) if he falls ill while in the service of a vessel”
- “[i]n Yeti by Molly, we implicitly recognized this 19 requirement that the district court make a finding as to willfulness, fault, or bad faith when 20 a Rule 37(c)(1) sanction results in dismissal of a cause of action”
- “Technically, the district court was probably incorrect in determining that the Forms literally had no relevance because they were evidence of a collateral source. As the Plan was a collateral source, the Forms were clearly not relevant (and could not be admitted
- “The collateral source rule is a substantive rule of law that bars a tortfeasor from reducing the quantum of damages owed to a plaintiff by the amount of recovery the plaintiff receives from other sources of compensation that are independent of (or collateral to
Source: CourtListener parenthetical corpus (CC0).
Judges: Wiener, Van Smith Wiener
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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