A Seaman’s Claim for Punitive Damages: The Gray Area between the Jones Act and General Maritime Law
A recent state court decision highlights a division among state, district, and circuit courts on the availability of punitive damages for general maritime law claims. In a unanimous opinion, the Washington State Supreme Court in Tabingo v. American Triumph LLV ruled that punitive damages are recoverable by seaman with a claim for unseaworthiness where the employer acts recklessly. (Read more)
This article by William R. Bennett III, partner at Blank Rome, and Alexandra Clark, associate at Blank Rome, is one in a series of articles written for Blank Rome Maritime's quarterly Mainbrace newsletter. To view the other articles in the June 2017 edition of Mainbrace, please click here.