McBride Ex Rel. I.M.S. v. Estis Well Service, L.L.C.
Court of Appeals for the Fifth Circuit
1Opinion of the Court
W. EUGENE DAVIS, Circuit Judge:
We took this case en banc to decide whether the seaman plaintiffs in this case, both the injured seamen and the personal representative of the deceased seaman, can recover punitive damages under either the Jones Act or the general maritime law. We affirm the district court and conclude that this case is controlled by the Supreme Court’s decision in Miles v. Apex Marine Corp.,1 which holds that the Jones Act limits a seaman’s recovery to pecuniary losses where liability is predicated on the Jones Act or unseaworthiness. Because punitive damages are non-pecuniary…
Also in this document: Concurrence.
2Cases cited115 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
- Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
- Ex Parte YoungSupreme Court of the United States · 1908
- Marbury v. MadisonSupreme Court of the United States · 1803
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3Cited by51 opinions
- Lorita Savoie v. Huntington Ingalls, Inc.Court of Appeals for the Fifth Circuit · 2016
- Dutra Group v. BattertonSupreme Court of the United States · 2019
- World Fuel Services Trading, DMCC v. Hebei Prince Shipping Co.Court of Appeals for the Fourth Circuit · 2015
- Kennedy v. Carnival Corp.District Court, S.D. Florida · 2019
- Russo v. APL Marine Services, Ltd.District Court, C.D. California · 2015
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