Former Loyola Maritime Law Journal Editor-in-Chief, Daniel Stanton, Cited in 5th Circuit Decision

The Loyola Current and Loyola Maritime Law Journal would like to recognize and congratulate Mr. Daniel Stanton for having been cited in the recent McBride v. Estis Well Service, L.L.C. in the en banc decision issued by the United States Court of Appeals for the Fifth Circuit. Mr. Stanton was the Editor in Chief of the Loyola Maritime Law Journal during the 2012-2013 school year. While a member of the Maritime Law Journal, Mr. Stanton wrote a comment entitled, Between a Rock and a Hard Place: Maintenance and Cure in the Wake of Atlantic Sounding, 10 Loy. Mar. L.J. 471 (2012).   It was this comment that was cited in the concurring opinion by Judge Haynes in United States’ Fifth Circuit in the recent McBride decision that declared punitive damages are not available for a Jones Act seamen.Judge Haynes cites to Mr. Stanton’s comment on page 34 of the opinion as follows:The authority to address “uniquely federal interests” should not be exercised without sufficient justification and analysis. See, e.g., Daniel Stanton, Comment, Between a Rock and a Hard Place: Maintenance and Cure in the Wake of Atlantic Sounding, 10 LOY. MAR. L.J. 471, 481 (2012) (recognizing the dearth of legal analysis by courts that have addressed maintenance-and-cure restitution and the need to justify the remedy “with additional legal theories”).Link to the Fifth Circuit’s Opinion:http://www.ca5.uscourts.gov/opinions%5Cpub%5C12/12-30714-CV2.pdf- Forrest Guedry