Fifth Circuit Grants Rehearing En Banc in McBride v. Estis Well Service, LLC
Today, (Monday, February 24th), the U.S. Fifth Circuit Court of Appeals granted the Motion of Estis Well Service for rehearing en banc.The original panel unanimously reversed the district court and held that Atlantic Sounding v. Townsend allowed punitive damages under general maritime law for breach of the warranty of seaworthiness for wrongful death and personal injuries to Jones Act seaman occurring in territorial waters of a state.Appellant-movant, Estis, is ordered to file its brief by March 24. The brief of the appellees, McBride et al, is due on April 25. No date for oral argument has been set at
this time.Click here to read the Order.