November 3, 2008

SCOTUS Grants Cert. in Another Case Involving Punitive Damages Under Martime Law

According to today's order list, the U.S. Supreme Court has granted certiorari in Atlantic Sounding Co. v. Townsend, docket number 08-214. As we noted in a previous post, the case involves the availability of punitive damages in maritime cases, specifically, whether a seaman may recover punitive damages against a shipowner for failing to pay "maintenance and cure" (i.e., living expenses and medical costs) for shipboard injuries.

See: the 11th Circuit's opinion, the cert. petition, the brief in opposition, and amicus briefs by the American Waterways Operators, the Cruise Lines International Association, and United Maritime Group, all in support of the petitioner.