Circuits Split on Punitive Damages for Seamen
Ninth Circuit Disagrees with Fifth Circuit – Writs to Supreme Court Inevitable
The wait is over. The case was argued almost a year ago on February 8, 2017. The U.S. Court of Appeals for the Ninth Circuit issued its unanimous opinion on January 23, 2018 in Batterton v. Dutra Corp., (2018 U.S. App. LEXIS 1627 9th Cir. Jan 23, 2018], http://cdn.ca9.uscourts.gov/
Finding no persuasive reason to distinguish maintenance and cure actions from actions based on the breach of the warranty of seaworthiness with respect to damages awarded, the court decided to interpret Townsend broadly rather than restrictively.
The official court hyperlink is:
The decision is in Lexis as of this writing but not in WestLaw.
A more complete analysis and synopsis of the decision can be found here: