September 2014

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In a much anticipated ruling, the Fifth Circuit en banc has reversed the original panel ruling in Estis v. McBride Well Service, L.L.C., 731 F.3d 505 (5th Cir. 2013), which sent shockwaves through the maritime bar and industry alike when it proclaimed that Jones Act seaman could collect punitive damages for general maritime law claims of unseaworthiness, upsetting years of precedent to the contrary (as previously reported on Striding the Quarterdeck).  The en banc reversal has essentially reined in the (as described in Judge Clement’s concurrence) “collective judicial ‘oh, hell, why not’ principle that holds that because punitive damages are available in many other types of actions they should also be available in unseaworthiness cases.” (more…)