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"The Fifth Circuit Rules That Seaman Can Recover Punitive Damages for Breach of the Warranty of Seaworthiness," Jones Walker LLP Admiralty & Maritime Client Alert

Client Alert

October 2013
|
New Orleans

On October 2, 2013, the United States Fifth Circuit Court of Appeals ruled that a Jones Act seaman can recover punitive damages for a vessel owner's willful and wanton breach of the warranty of seaworthiness. McBride v. Estis Well Serv., L.L.C., Case No. 12-30714, 2013 WL 5474616 (5th Cir. 10/2/13). This decision not only marks a significant departure from prior Fifth Circuit jurisprudence, it substantially increases the potential liabilities of vessel owners, as well as underwriters and may change the manner in which seaman's personal injury cases are litigated. Continue reading >

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  • Maritime Industry
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