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ARTICLE · 04 NOVEMBER 2008

Supreme Court Docket Report - October Term, 2008

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The Supreme Court granted certiorari today in one case of interest to the business community: Maritime Law—Punitive Damages.

United StatesLitigation, Mediation & Arbitration
Dan Himmelfarb
Dan Himmelfarb
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Originally published November 3, 2008

Keywords: Miles, Apex Marine, maritime law, wrongful death, Atlantic Sounding Co, Townsend, Albertson's, Inc., Kanter, Federal Food, Drug, and Cosmetic Act, Trainer Wortham & Co., Betz, securities fraud

The Supreme Court granted certiorari today in one case of interest to the business community:

Maritime Law—Punitive Damages

In Miles v. Apex Marine Corp., 498 U.S. 19 (1990), the Supreme Court held that certain non-pecuniary losses are not recoverable in general maritime wrongful-death actions. The lower courts have since divided over whether Miles precludes a seaman's recovery of punitive damages under general maritime law for willful failure to pay "maintenance and cure" (which includes medical care, a living allowance, and wages). The Supreme Court granted certiorari in Atlantic Sounding Co., Inc. v. Townsend, No. 08-214, to resolve the conflict.

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