Boudreaux v. Transocean Deepwater, Inc., No. 12-30041 (5th Cir. 2013)
Annotate this CasePlaintiff sued Transocean to recover maintenance and cure for a back injury allegedly sustained on the job. The district court awarded summary judgment to Transocean on its counterclaim to recover benefits it already paid to plaintiff, concluding that Transocean's successful McCorpen v. Central Gulf Steamship Corp. defense automatically established its right to restitution - a right of action never before recognized in maritime law. The court concluded that, though most courts have accepted McCorpen, Transocean's attempt to invoke the case as an affirmative right of recovery finds virtually no support, and the court was not inclined to accede. Accordingly, the court rejected Transocean's claim, and reversed and remanded the district court's judgment.
The court issued a subsequent related opinion or order on July 15, 2013.
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