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U.S. Supreme Court,
9th U.S. Circuit Court of Appeals

Sep. 19, 2018

Damages on the high seas

The 9th Circuit said yes; the 5th Circuit and others said no. Now it is up to the U.S. Supreme Court to decide whether punitive damages are available to Jones Act seamen in unseaworthiness cases.

David Russo

Partner, Lewis Brisbois Bisgaard & Smith LLP

Lynn L. Krieger

Partner, Lewis, Brisbois, Bisgaard & Smith LLP

Phone: (415) 247-5292

Email: lkrieger@cwlfirm.com

Matthew Johnston

Associate, Lewis Brisbois Bisgaard & Smith LLP

OT18

The 9th U.S. Circuit Court of Appeals said yes, while the 5th U.S. Circuit Court of Appeals and others said no. Now it is up to the U.S. Supreme Court to decide whether punitive damages are available to Jones Act seamen in unseaworthiness cases. The question is, will the high court see this issue as one worthy of attention?

On Aug. 30, the Dutra Group filed its petition for certiorari after the 9th Circ...

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