Opinion

Randall Ex Rel. Estate of Randall v. Chevron U.S.A., Inc.

  • 13 F.3d 888
  • 1994 A.M.C. 1217
  • 1994 U.S. App. LEXIS 2427
  • 1994 WL 20144
Court
Court of Appeals for the Fifth Circuit
Filed
Feb 11, 1994
Status
Published
Author
Parker
On the bench
King, Jolly, Parker
Cited by
132 cases

Overruled on other grounds by Carl Bienvenu v. Texaco, Inc. Director, Office of Worker's Compensation Programs, U.S. Department of Labor Insurance Company of North America, 164 F.3d 901 (1999)

stating that the defense’s expert cannot explain why the phone 18 was found in defendant’s car, defendant was in that parking lot that night, defendant was 19 sweating, and defendant matched the robber’s description

How later courts described this case

  • stating that the defense’s expert cannot explain why the phone 18 was found in defendant’s car, defendant was in that parking lot that night, defendant was 19 sweating, and defendant matched the robber’s description
  • holding that Heck did not bar the § 1983 claim because the 14 conviction arose from a no contest plea and did not depend on the legality of the challenged 15 search
  • holding a pilot who flew over the ocean as a fish spotter was covered under the LHWCA
  • holding that clause indemnifying party "for losses `howsoever arising' [was not] sufficiently clear and unequivocal to shift liability for Chevron's negligence onto Sea Savage"

Written by the judges who cited it.

Later courts went against this

  • Overruled on other grounds by Carl Bienvenu v. Texaco, Inc. Director, Office of Worker's Compensation Programs, U.S. Department of Labor Insurance Company of North America, 164 F.3d 901 (1999)

    13 F.3d 888 (5th Cir.1994), overruled on other grounds by Bienvenu v. Texaco, Inc., 164 F.3d 901 (5th Cir.1999).
    Court of Appeals for the Fifth CircuitJan 11, 19993 citing opinionsother groundsRead it

The opinion

ROBERT M. PARKER, District Judge,

concurring in part, dissenting in part:

I concur with the majority opinion, with the exception of the remittitur portion contained in Section III., C., 1., Damages; Pain and Suffering. I am persuaded that the district court’s assessment of the facts of this case as it relates to the award of damages in the amount of $1,000,000.00 for pain and suffering is not only not clearly erroneous, but falls within the bounds of reasonable compensation under the circumstances. I therefore limit my dissent to the remittitur ordered.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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