The Supreme Court, in an opinion by Justice Thomas, has held that punitive damages are allowable for seaman's maintenance and cure claims, despite the argument that the Jones Act remedies (which don't include punitive damages) are exclusive. The case is Atlantic Sounding Co., Inc. v. Townsend and the opinion is here.
Quick post, but more analysis to follow. My earlier post on the case here.
Side note: Justice Thomas was joined by Justices Stevens, Souter, Ginsburg and Breyer. The dissent was written by Justice Alito, joined by Chief Justice Roberts and Justices Scalia and Kennedy.
While ideologies can be a poor indicator of how a justice will cast their respective votes, I don't think I've ever seen such a split with Justice Thomas not just joining, but authoring, the opinion joined by the Court's "liberal" justices. Per Supreme Court practice, Justice Stevens would be entitled to choose an opinion's author. Perhaps he chose Justice Thomas to get the vote to allow punitive damages.
Comments