McBride v. Estis: Plaintiffs File Petition for a Writ of Certiorari to United States Supreme Court

McBride v. Estis: Plaintiffs File Petition for a Writ of Certiorari to United States Supreme Court

By: Mark Tufts

The plaintiffs filed a petition for a writ of certiorari to the U.S. Supreme Court of the en banc decision of the U.S. Court of Appeals for the Fifth Circuit in McBride v. Estis Well Service L.L.C., 768 F.3d 382 (5th Cir. 2014).  The petition was docketed on Dec. 30, 2014 and bears No. 14-761.The initial panel decision, 731 F.3d 505 (5th Cir. 2013), reversed the trial court which granted summary judgment for the defendant dismissing the claim for punitive damages for the death and personal injuries of seaman on a drill vessel in coastal waters based on the alleged breach of the warranty of seaworthiness.  The panel held that Atlantic Sounding Co., Inc. v. Townsend, 129 S. Ct. 2561 (2009), controlled; thus, punitive damages could be recovered for the alleged unseaworthiness of the vessel.  In September, 2014, the en banc court in a decision by Judge Eugene Davis reversed that panel and reinstated the decision of the trial court that punitive damages may not supplement the statutory remedies limited by the Jones Act.Status reports on the case will be reported promptly as soon as possible on The Current.