United States Fifth Circuit

In a wrongful death action brought by a childless widow under the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. section 905(b), the district court's non-pecuniary damage award is deemed excessive, citing both comparable cases and the absence of legal support for a post-judgment increase in security, and is remanded.

Appellate Information

• Decided 12/09/2003
• Published 12/09/2003

Judges

• DUHÉ, Circuit Judge:, Before DUHÉ, EMILIO M. GARZA and DeMOSS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Robert H. Murphy (argued), Peter Brooks Sloss, Scott Edward Oliphant, Murphy, Rogers & Sloss, New Orleans, LA, for Claimant-Appellant.


• For Appellees:
  
• Reginald James Laurent (argued), Slidell, LA, for Plaintiff-Appellee.