By: Tod J. Everage
Last week, the U.S. Supreme Court granted the Writ of Certiorari in the Dutra v. Batterton case, setting the stage for a resolution of the Circuit Split between the US Fifth and Ninth Circuits on whether punitive damages are available to a seaman on an unseaworthiness claim. A more thorough review
by the Admiralty and Maritime Team
It is now well settled in the United States Fifth Circuit Court of Appeals that a seaman cannot recover punitive damages on an unseaworthiness claim. McBride v. Estis Well Service, 768 F.3d 382 (5th Cir. 2014) (en banc). Specifically, the U.S. Fifth Circuit has held that
By Tod Everage
Since the U.S. Supreme Court’s ruling on the availability of maritime punitive damages claims in Atlantic Sounding v. Townsend, 557 U.S. 404 (2009), maritime plaintiffs have fought tirelessly to see where else they can carve out from under the Jones Act’s prohibition from punitive damages. Recall that in Townsend, the