Skip to content

Touchet v. Estis Well Service, LLC

Petition for certiorari denied on January 8, 2018

Docket No. Op. Below Argument Opinion Vote Author Term
17-346 5th Cir. N/A N/A N/A N/A OT 2017

Issue: (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 (key to color coding)
06/27/2017Application (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.
07/05/2017Application (17A7) granted by Justice Alito extending the time to file until September 5, 2017.
09/05/2017Petition for a writ of certiorari filed. (Response due October 10, 2017)
09/27/2017Blanket Consent filed by Respondent, Virgie Ann Romero McBride on 10/06/2017
09/27/2017Blanket Consent filed by Petitioner, Saul C. Touchet
10/10/2017Motion for leave to file amicus brief filed by Seafarers' Rights International.
10/10/2017Motion for leave to file amicus brief filed by Global Maritime Ministries, Inc. New Orleans.
10/18/2017DISTRIBUTED for Conference of 11/3/2017.
10/20/2017Response Requested. (Due November 20, 2017)
11/27/2017Letter of November 24, 2017 from counsel for petitioner received.
12/12/2017Letter of December 12, 2017 from counsel for respondent Estis Well Service, LLC, received.
12/12/2017Letter of December 12, 2017 from counsel for petitioner received.
12/13/2017DISTRIBUTED for Conference of 1/5/2018.
01/08/2018Motion for leave to file amicus brief filed by Seafarers' Rights International GRANTED.
01/08/2018Motion for leave to file amicus brief filed by Global Maritime Ministries, Inc. New Orleans GRANTED.
01/08/2018Petition DENIED.