Will the Supreme Court hold that punitive damages are available in a Jones Act case? We will soon find out. In McBride v. Estis Well Service, the Supreme Court will have to review an en banc decision from the Fifth Circuit discussing the availability–or more precisely, the unavailability–of punitive damages. McBride involved the claim by the estate of a deceased seaman (among others) for unseaworthiness under general maritime law and negligence under the Jones Act after a truck-mounted drilling rig toppled over, killing one seaman and injuring others. Initially, a panel at the Fifth Circuit determined that punitive damages were available under the Jones Act. Following a rehearing en banc, the Fifth Circuit reversed course, determining that punitive damages are not available under an unseaworthiness claim because such damages are precluded by the Jones Act. A survivor’s recovery in a wrongful death Jones Act claim is limited to the recoveryRead more
Punitive Damages Available to Seamen in Asbestos Litigation
Judge Eduardo Robreno recently ruled that punitive damages were available to seamen in the consolidated asbestos products liability multidistrict litigation pending in the Eastern District or Pennsylvania. After discussing the history of punitive damages and maritime law, Judge Robreno reasoned (with internal citations omitted, and emphasis added): Having concluded that maritime law does not impose a general bar on punitive damages in unseaworthiness claims, the Court turns to the question of whether punitive damages are appropriate when such claims arise in the context of asbestos cases. This issue underpins the availability of punitive damages and necessarily must be addressed in this context. Although various rationales have historically been used to justify punitive damage awards, the consensus today is that punitive damages are not intended to compensate the plaintiff for a loss suffered, but instead are “imposed for purposes of retribution and deterrence.” Courts also generally limit punitive damages to casesRead more
