Legal Opinion
Batterton v. Dutra Group
Court of Appeals for the Ninth Circuit
Decided January 23, 2018No. 15-56775PublishedCited by 6 opinions
1Opinion of the Court
OPINION
KLEINFELD, Senior Circuit Judge:
We address the availability of punitive damages for unseaworthiness.
This case comes to us on a 28 U.S.C. § 1292(b) certification for interlocutory appeal. The district court certified the appeal, and we granted permission for it. District courts within our circuit have divided on the substantive issue,1 as have the circuits,2 and the issue is of considerable importance in maritime law.
Facts
The case comes to us on the pleadings and nothing else. The district court denied a motion to strike .the portion of the prayer seeking punitive damages for…
2Cases cited17 opinions
- Exxon Shipping Co. v. BakerSupreme Court of the United States · 2008
- Moragne v. States Marine Lines, Inc.Supreme Court of the United States · 1970
- Miles v. Apex Marine Corp.Supreme Court of the United States · 1990
- The HarrisburgSupreme Court of the United States · 1886
- Michigan Central Railroad v. VreelandSupreme Court of the United States · 1913
12 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Dutra Group v. BattertonSupreme Court of the United States · 2019
- Kennedy v. Carnival Corp.District Court, S.D. Florida · 2019
- Bryan Allemand v. Florida Marine L L C et alDistrict Court, W.D. Louisiana · 2026
- Christopher Batterton v. Dutra GroupCourt of Appeals for the Ninth Circuit · 2019
- In Re: In the Matter of American River Transportation Co. LLC.District Court, E.D. Louisiana · 2019
1 more not listed; retrieve them via the Exa API.