Ninth and Fifth Circuits Split on Issue of Punitive Damages Under Maritime Law
The Energy Law
JANUARY 24, 2018
2014) (en banc). In reaching its decision, the Ninth Circuit was required to distinguish the recent en banc Fifth Circuit McBride decision, which reached the opposite conclusion in 2014. The Court’s reasoning hinged largely on the fact that both punitive damages and maintenance and cure predated passage of the Jones Act.
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