Van Straaten v. Shell Oil Products Co. LLC

I join without reservation the comprehensive majority opinion and write separately only to comment briefly on the issue of willfulness that is the sole basis of decision here. “Willfulness” may include recklessness, and that is specifically the question here. See Safeco Ins. Co. v. Burr, 551 U.S. 47, 69, 127 S.Ct. 2201, 167 L.Ed.2d 1045 (2007); see also Long v. Tommy Hilfiger U.S.A., Inc., 671 F.3d 371 (3d Cir.2012). According to Safeco, at least with unclear text and in the absence of authoritative guidance or case law, the appropriate and sole measure of recklessness is objective…