WRITS SOUGHT IN BATTERTON V. DUTRA

On August 30, 2018, a petition for a writ of certioriari was filed by Dutra Group to review the decision of the 9th Circuit Court of Appeals in Batterton v. Dutra Group. The case bears No. 18--266 on the Docket of the U.S. Supreme Court. The response to the petition is due on October 1, 2018.It is likely the Supreme Court will grant the writ due to the split in the Fifth and Ninth Circuit conclusions whether punitive damages may be recovered by Jones Act seaman under the General Maritime Law remedy of unseaworthiness.  In McBride v. Estis Well Service, a split en banc decision of the Court, the majority reached the conclusion that punitive damages are unavailable under the unseaworthiness remedy for death or personal injury of Jones Act seaman in territorial waters. The Supreme Court denied writs in that case.In the subject case for which writs are now sought, the 3 judge panel held that punitive damages may be recovered by a Jones Act seaman injure on a vessel in territorial waters. En banc review was denied in that case.The petition for the writ filed on August 30 may be found following this link:https://www.supremecourt.gov/DocketPDF/18/18-266/62315/20180830180945909_18-____%20-%20The%20Dutra%20Group%20v.%20Batterton%20-%20cert.%20petition.pdf