December 30, 2008

Law Review Article Discusses Punitive Damages Case Pending Before U.S. Supreme Court

Things have been pretty quiet on the punitive damages front lately, leaving us no significant case developments to discuss for almost two weeks. But for those of you who are just dying for one last fix of punitive-damages-related analysis before the end of the year, you might want to check out this article in the latest edition of the University of San Francisco Maritime Law Journal: "A Beacon for the Protection of Seamen: the Eleventh Circuit Permits Punitive Damages for the Willful Withholding of Maintenance and Cure in Atlantic Sounding Co. v. Townsend."

I don't have an online link for the article, but you can find it on Westlaw using the citation 20 USFMLJ 237. The article, written by Joshua Hanbury, a third-year law student at the University of Richmond School of Law, provides an in depth discussion of the Eleventh Circuit's decision in Atlantic Sounding Co. The article was written before the U.S. Supreme Court granted cert. in that case, but this article seems to include more information about the issues than anything I've seen even since cert. was granted. For some strange reason, the availability of punitive damages for maintenance and cure violations has not captured the public imagination. Go figure.

As previously noted, Atlantic Sounding Co. is set for oral argument on March 2.