SCOTUS - New Cert Petition Regarding Damages in Maritime Case

Hat tip to SCOTUSBLOG for their Petition of the Day.

This is an interesting case that arises in the maritime context, but could have broad impact across all civil litigation.  The case is Icicle Seafoods, Inc. v. Clausen. 

The Questions Presented are:

1. Whether, in determining the ratio between compensatory and punitive damages for purposes of applying federal limits on punitive damages, court awarded attorney’s fees are properly included as compensatory damages.

2. Whether, and to what extent, punitive damages in maritime cases may exceed the 1:1 ratio between compensatory and punitive damages applied by the Court’s Exxon decision.

This case arises from the Washington Supreme Court in a decision regarding the Jones Act and maintenance and cure remedy.  The Washington court had approved an award of attorneys' fees for a willful and wanton failure to pay maintenance and cure.  The court then affirmed a punitive damage award but did not apply the Exxon Shipping Co. v. Baker compensatory damages to punitive damages ratio, instead allowing a roughly 3:1 ratio.

One to watch for sure.