Jerry Smith, Cross-Appellee v. Atlas Off-Shore Boat Service, Inc., Cross-Appellant

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that discharge in retaliation for seaman’s exercise of legal right to file personal injury action against the employer constituted maritime tort
• stating that the employer’s right to discharge an employee for any reason should not suffice when the right is abused in order to “contravene an established public policy”
• establishing retaliatory discharge claim under Jones Act in absence of any direct admiralty law precedent
• where the Fifth Circuit held that punitive damages could not be recovered by a seaman discharged for filing a personal injury claim against his employer
• \A seaman who has been wrongfully discharged may bring suit for the recovery of wages which he would have earned had the shipping contract been fulfilled.\
• “In determining the amount of compensatory damages to which the discharged seaman is entitled, the seaman’s duty to mitigate his losses by seeking new employment is also a consideration.”

Source: CourtListener parenthetical corpus (CC0).