摘要: |
My December 2013 Legal Talk column ("Expansion of punitive damages?") discussed the U.S. Fifth Circuit Court of Appeals ruling in McBride v. Estis Well Service. The case signaled a major expansion in the law regarding seamen's entitlement to recover punitive damages under the general maritime law. The availability of punitive damages had been extremely limited since the 1990 landmark Supreme Court case Miles v. Apex Marine Corp., which held that non-pecuniary damages, which include punitive damages and similar non-economic type losses, were not recoverable by seamen, whose legal remedies are largely governed by the Jones Act. |