Tag: Seaworthiness

• Maritime Casualty

  Fifth Circuit: Punitive Damages Not Available for Unseaworthiness

  • November 10, 2014
  • By Allen & Gooch
  

  Fifth Circuit Reverses Itself on Punitive Damages The U.S. Fifth Circuit Court of Appeals recently released a 73-page opinion in the en banc rehearing of McBride v. Estis Well Service, L.L.C., No. 12-30714 (5th Cir. Sept. 25, 2014).  As reported previously, the court originally ruled that seamen may be able to recover punitive damages for their employers’ […]

• Maritime Casualty

  Are Punitive Damages Again Available in Unseaworthiness Cases?

  • October 16, 2013
  • By Allen & Gooch
  

  Fifth Circuit Holds Punitive Damages Allowable for Certain Claims Last week, in McBride v. Estis Well Serv., L.L.C. (5th Cir. 2013), the U.S. Fifth Circuit Court of Appeals held that seamen may recover punitive damages for their employers’ willful and wanton breach of the general maritime law duty to provide a seaworthy vessel. In its […]