Atlantic Sounding Co., Inc. v. Townsend (2008)
- Docket
- 08-214
- Decided
- 2008-01-01
Summary
Question: May a seaman seek punitive damages when his employer arbitrarily and willfully refuses to pay maintenance and cure for his injuries? Conclusion: Yes. The Supreme Court held that punitive damages remain available for the willful and and wanton disregard of the maintenance and cure obligation. With Justice Clarence Thomas writing for the majority and joined by Justices John Paul Stevens, David H. Souter, Ruth Bader Ginsburg, and Stephen G. Breyer, the Court reasoned that since punitive damages have long been accepted under general maritime law and neither Miles v. Apex Marine Corp. or the Jones Act altered this understanding, punitive damages remain available. Justice Samuel A. Alito dissented and was joined by Chief Justice John G. Roberts, and Justices Antonin G. Scalia, and Anthony M. Kennedy. He argued that under Miles courts should be reluctant to award relief under general maritime law that is not available under a statutory claim. Thus, punitive damages should not be available to Mr. Townshend.