Touchet v. Estis Well Service, LLC

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
17-346 5th Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether seamen may recover punitive damages for their employer's willful and wanton breach of the general maritime law duty to provide a seaworthy vessel, as held by the Washington Supreme Court and the U.S. Courts of Appeals for the 9th and 11th Circuits; or whether punitive damages are categorically unavailable in an action for unseaworthiness, as held by the U.S. Courts of Appeals for the 1st, 5th, and 6th Circuits and the Texas Supreme Court; and (2) whether the Jones Act, 46 U.S.C. § 30104, “prohibits the recovery of punitive damages in action under that statute,” a question explicitly left open by the Supreme Court in Atlantic Sounding Co., Inc. v. Townsend.

SCOTUSblog Coverage

DateProceedings and Orders
Jun 27 2017Application (17A7) to extend the time to file a petition for a writ of certiorari from July 9, 2017 to September 5, 2017, submitted to Justice Alito.
Jul 05 2017Application (17A7) granted by Justice Alito extending the time to file until September 5, 2017.
Sep 05 2017Petition for a writ of certiorari filed. (Response due October 10, 2017)
Sep 27 2017Blanket Consent filed by Respondent, Virgie Ann Romero McBride on 10/06/2017
Sep 27 2017Blanket Consent filed by Petitioner, Saul C. Touchet
Oct 10 2017Motion for leave to file amicus brief filed by Seafarers' Rights International.
Oct 10 2017Motion for leave to file amicus brief filed by Global Maritime Ministries, Inc. New Orleans.
Oct 18 2017DISTRIBUTED for Conference of 11/3/2017.
Oct 20 2017Response Requested. (Due November 20, 2017)
Nov 27 2017Letter of November 24, 2017 from counsel for petitioner received.
Dec 12 2017Letter of December 12, 2017 from counsel for respondent Estis Well Service, LLC, received.
Dec 12 2017Letter of December 12, 2017 from counsel for petitioner received.
Dec 13 2017DISTRIBUTED for Conference of 1/5/2018.
 
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