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Tag Archives: Unseaworthiness
Circuits Split on Punitive Damages for Unseaworthiness
An overriding premise of admiralty and maritime law is the quest for uniformity. Over the centuries, this has proven problematic, as this area of law is largely not based on statute, but on caselaw. This has led the United States … Continue reading
Posted in Admiralty-Maritime Law
Tagged Circuits, damages, punitive, Split, Unseaworthiness
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Update on Availability of Punitive Damages in Unseaworthiness Cases
On January 23, Ninth Circuit decided Batterson v. Dutra Grp. which addressed the whether punitive damages are available in an unseaworthiness cause of action. Following last year’s unanimous Washington State Supreme Court decision in Tabingo v. Am. Triumph LLC, 188 … Continue reading
Posted in Admiralty-Maritime Law
Tagged Availability, Cases, damages, punitive, Unseaworthiness, Update
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Injured Fishermen Entitled to Punitive Damages in Cases of Unseaworthiness
In a precedent-setting case, the U.S. Court of Appeals for the Ninth Circuit has ruled that injured fishermen and seamen are indeed entitled to punitive damages under maritime law unseaworthiness guidelines. In reaching this decision in the case of Batterton … Continue reading
Posted in Admiralty-Maritime Law
Tagged Cases, damages, Entitled, fishermen, Injured, punitive, Unseaworthiness
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What Constitutes Unseaworthiness?
A Jones Act seaman has the right to a seaworthy vessel. Seaworthiness can include a whole range of conditions that must be met, from the structure and condition of the vessel, to the crews that man it. Therefore, a vessel … Continue reading