Last December, we posted an article addressing the recent conflicted decisions out of the Eastern District of Louisiana on the remaining availability of punitive damages against third parties under general maritime law. You can find that article here. In 2016, the conflict continues…
As we mentioned, Judge Fallon allowed a claim for punitive damages
On May 18, 2015, the U.S. Supreme Court considered then denied the Writ of Certiorari filed by Petitioner, Haleigh McBride, who sought to have the U.S. 5th Circuit’s En Banc Opinion in favor of Estis Well Service reversed. See McBride v. Estis Well Service, LLC, 768 F.3d 382 (5th Cir. 2014). The writ denial
As previously reported, the Louisiana Supreme Court heard oral argument in Oleszkowicz v. Exxon Mobil Oil Corporation, et al. and Chauvin v. Exxon Mobil Corporation, et al., regarding the dispute as to whether claims for punitive damages are barred by res judicata. The court recently issued opinions in these cases.
To recap, a
A. Introduction to Punitive Damages
Pecuniary damages are awards designed to restore “material loss which is susceptible of pecuniary valuation.” Michigan Central Railroad. Co. v. Vreeland, 227 U.S. 59, 71, 33 S.Ct. 192, 57, L.Ed. 417 (1913). Punitive or exemplary damages do not compensate for a loss; instead, they are imposed to punish the