Ninth and Fifth Circuits Split on Issue of Punitive Damages Under Maritime Law
The Energy Law
JANUARY 24, 2018
2014) (en banc). Alleging that the lack of an exhaust mechanism made the vessel unseaworthy, the plaintiff sued the vessel owner for unseaworthiness, seeking punitive damages among other remedies. 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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