Conflict Continues Between Federal And State Views On Punitive Damages

B. Otis Felder (Of Counsel-Los Angeles) and William K. Enger (Partner-Los Angeles) have authored an article, "Conflict Continues Between Federal and State Views on Punitive Damages," published in the November 1, 2016, issue of Benedict's Maritime Bulletin, a quarterly publication focused on the maritime law field. The authors cite the Washington Supreme Court as the first to consider whether punitive damages are available to seafarers for violation of the doctrine of seaworthiness. They discuss the general standard for proportionality of punitive to compensatory damages under general maritime law and the conflict between federal and state courts in applying the appropriate ratio of punitive to compensatory damages.