2014 Maintenance Offshore 
The Energy Law
JUNE 24, 2019
2014) held that punitive damages were not available under the rationale of an earlier Supreme Court case, Miles v. In contrast to unseaworthiness, there was an historical record of punitive damage awards in the maintenance and cure context. Estis Well Service , 768 F.3d 3d 382 (5 th Cir. Apex Marine, 498 U.S.
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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