United States Fifth Circuit

In an action for exemplary damages against an employer, brought by beneficiaries receiving compensation benefits for an employee who suffered fatal injuries on a barge, summary judgment for the employer is affirmed as: 1) the Longshoremen and Harbor Workers' Compensation Act (LHWCA), which precludes recovery of exemplary damages, covers the claim for benefits; and 2) an election of benefits under state law was not available for plaintiffs.

Appellate Information

• Decided 01/10/2007
• Published 02/02/2007

Judges

• CARL E. STEWART, Circuit Judge:, Before REAVLEY, STEWART and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Byron Charles Keeling, Ruth B. Downes, Keeling & Downes, Michael Patrick Doyle, Doyle Raizner, Houston, TX, for Plaintiffs-Appellants.


• For Appellees:
  
• Peter Joseph Bambace, Holm, Bambace & McCabe, Houston, TX, for Defendant-Appellee.