Legal Opinion
Atlantic Sounding Co. v. Townsend
Supreme Court of the United States
Decided June 25, 2009No. 08-214PublishedCited by 225 opinions
1Opinion of the CourtJustice Thomas
The question presented by this case is whether an injured seaman may recover punitive damages for his employer’s willful failure to pay maintenance and cure. Petitioners argue that under Miles v. Apex Marine Corp., 498 U. S. 19 (1990), seamen may recover only those damages available under the Jones Act, 46 U. S. C. § 30104. We disagree. Historically, punitive damages have been available and awarded in general maritime actions, including some in maintenance and cure. We find that nothing in Miles or the Jones Act eliminates that availability.
I
Respondent Edgar L. Townsend was a crew member of…
2Cases cited45 opinions
- Omni Capital International, Ltd. v. Rudolf Wolff & Co.Supreme Court of the United States · 1987
- Exxon Shipping Co. v. BakerSupreme Court of the United States · 2008
- Pacific Mutual Life Insurance v. HaslipSupreme Court of the United States · 1991
- Moragne v. States Marine Lines, Inc.Supreme Court of the United States · 1970
- The OsceolaSupreme Court of the United States · 1903
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3Cited by225 opinions
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- Weeks Marine, Inc. v. GarzaTexas Supreme Court · 2012
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