Touchet v. Estis Well Serv., No. 17-346 (cert.-stage brief supporting petitioner filed October 10, 2017)

Questions Presented: (1) Whether seamen may recover punitive damages for their employer’s willful and wanton breach of the general maritime law duty to provide a seaworthy vessel, as held by the Washington Supreme Court and the Ninth and Eleventh Circuits, or whether punitive damages are categorically unavailable in an action for unseaworthiness, as held by the Fifth, First, and Sixth Circuits and the Texas Supreme Court.  (2) Whether the Jones Act, 46 U.S.C. § 30104, “prohibits the recovery of punitive damages in actions under that statute,” a question explicitly left open by this Court in Atlantic Sounding Co. v. Townsend, 557 U.S. 404, 424 n.12 (2009).

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