PATRICK J. HANNA, Magistrate Judge.
Currently pending is the reurged motion for discharge of supersedeas bond and release of surety (Rec. Doc. 352), which was filed by defendant Apical Industries, Inc. The motion is opposed. Considering the evidence, the law, and the arguments of the parties, and for the reasons fully explained below, the motion is DENIED.
This lawsuit arose from an incident that occurred on December 3, 2012 in which a helicopter owned by PHI had to make an emergency landing in the Gulf of Mexico due to engine trouble and was ultimately deemed a total loss after capsizing. Following a trial on the merits and the resolution of certain legal issues by this Court, judgment was entered in favor of the plaintiff, PHI, Inc. and against defendant Apical Industries, Inc. (Rec. Doc. 324). The judgment was appealed, and the Fifth Circuit Court of Appeals issued a ruling,
Apical's motion is premised on the Fifth Circuit's opinion, which vacated this Court's judgment in part and remanded the action for further proceedings. The Fifth Circuit did not fully rule in favor of Apical and did not grant all of the relief that Apical sought on appeal. Instead, the Fifth Circuit confirmed that PHI had successfully proven Apical's liability, and consequently confirmed that PHI is entitled to the recovery of at least half of $1,729,770.00. The Fifth Circuit's ruling requires that a jury trial be held concerning whether something other than the #2 bearing in the helicopter's engine caused the engine to fail and, if so, then whether Rolls-Royce Corporation is solidary liable with Apical for the loss of PHI's helicopter. If Rolls-Royce is determined, on remand, to be solidarily liable with Apical, PHI's recovery will be reduced by half. But if Rolls-Royce is determined not to be solidarily liable with Apical, then PHI will remain entitled to recover the full $1,729,770.00. The Fifth Circuit made it clear that the issue to be decided on remand is whether the judgment against Apical should be subject to a "reduction in the amount of damages it owes to PHI."
Apical seeks, in the pending motion, to have the supersedeas bond fully discharged and its surety completely released. Apical argued that the bond is no longer required and explained that it is seeking "to avoid unnecessary costs and premiums associated with maintaining the appeal bond."
The Fifth Circuit has addressed this issue on at least two prior occasions.
The Fifth Circuit affirmed the jury's verdict to the extent that it found Apical liable to PHI but remanded for a determination of whether PHI's recovery from Apical should be reduced by half. Accordingly, the bond should remain in place and the surety should remain bound. For these reasons,
IT IS ORDERED that the pending motion (Rec. Doc. 351) is DENIED.