U.S. Supreme Court rules in new Decision on a Jones Act seaman's right to maintenance and cure

As previously discussed on our blog, the US Supreme Court had pending before it a case which would clarify the availability of punitive damages with regard to maintenance and cure for seamen.  Just days ago, the Court handed down its decision on this issue.

In Atlantic Sounding Co. v. Townsend, 2009 WL 1789469 (U.S. June 25, 2009), the high court held: "Because punitive damages have long been an accepted remedy under general maritime law, and because nothing in the Jones Act altered this understanding, such damages for the willful and wanton disregard of the maintenance and cure obligation should remain available in the appropriate case as a matter of general maritime law.  Limiting recovery for maintenance and cure to whatever is permitted by the Jones Act would give greater pre-emptive effect to the Act than is required by its text, Miles [v. Apex Marine Corp., 498 U.S. 19 (1990], or any of this Court's other decisions interpreting the statute."  

Matt Shaffer and Dennis McElwee, Partners of SMSH, have extensive experience obtaining large maritime and Jones Act settlements and jury awards, including hundreds of cases involving maintenance and cure.