Exxon Valdez case - Punitive damages allowed under maritime law

The United States Supreme Court issued its long-awaited decision in the Exxon Valdez oil spill case.
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You can read the Court's opinion by clicking here.

Once again siding with big business over the rights of individuals and families, the Court sliced down the punitive damage award from $2.5 billion dollars to $500 million dollars.

Setting aside the fact that $500 million represents less than one day of profit for Exxon Mobil, and the fact that the Court basically just made up a number out of thin air, and the fact that the punitive damage award, while large, is a drop in the bucket for Exxon, the Court once again shows a disturbing lack of confidence in the ability of American citizens to serve on juries, listen to evidence, and reach decisions.

Essentially, 8 lawyers from Washington D.C., most of whom have never actually tried a lawsuit themselves, and none of whom has any real idea what the Valdez spill did to thousands of Alaskan families and citizens, have once again substituted their judgment for the jurors and judges who actually heard the evidence in the case and reached a decision. 

The silver lining

The silver lining in the case is that the justices, perhaps unwittingly, seem to have recognized that punitive damages are recoverable in maritime law. 

For decades, most lawyers who represent Jones Act seaman and injured maritime workers have been under the impression that punitive damages were most likely not available in these types of cases.

What this has meant, as a practical matter, is that maritime defendants could treat the injured workers as poorly as they wanted, be as unsafe as they wanted, and avoid any sort of responsibility or threat of punitive damages.

The Exxon Valdez case seems to take away that defense.  Which is very helpful for injured workers, and, suprisingly from this Court, not quite as helpful to big business and insurance companies.

What do you think about the Exxon Valdez case?  Did the Court get it right?  Or should the Court defer to the jurors who actually heard the evidence and rendered a verdict?

Want to know more about maritime injury cases? 

We strive to provide the best, most professional, and most effective representation to workers in the offshore industry.  We are based in Houston, Texas.  We represent offshore workers all over the world.

To learn more about our law firm and what we can do for you, please visit the following websites:

www.vbattorneys.com

www.maritimeaccidentattorney.com

www.houstoninjuryaccidentlaw.com

If you want to know more about offshore injury claims, please take a moment to read the following articles:

1.  How to hire the best lawyer for your Jones Act or offshore injury case

2.  What is the Jones Act?

3.  What is a Longshoreman and What Are Their Legal Rights When Injured?

4.  The difference between the Jones Act and the Longshore & Harbor Worker's Compensation Act

5.  The Truth About Offshore Injury Claims.

6.  What Should You Do If You Are Injured Offshore

7.  What you should know if you were hurt offshore and your employer is giving you a hard time

8.  Should I give my employer or the insurance company a "recorded statement?"

9.  Do I need to hire a lawyer for my Jones Act or offshore injury claim?

10.  What happens when you file a Jones Act lawsuit.

11.  6 Critical Things you must know if you are injured at sea

12. The Secrets Your Employer May Not Want You To Know If You Are Injured Offshore.

New Longshore and Harbor Worker's case against Noble Drilling protects injured worker's rights

The United States Court of Appeals for the Fifth Circuit recently released an opinion that helps to provide legal protection to Longshore and Harbor Worker's who are injured on the job.

The injured worker, Mark McLaurin, was working in Friede Goldman's shipyard as a scaffold carpenter on the CLYDE BOUDREAUX, a vessel owned by Noble Drilling.

Mr. McLaurin was injured during this work.

Mr. McLaurin sued Noble Drilling, claiming that Noble was negligent. 

The trial court threw out the case, claiming that the Longshore and Harbor Worker's Compensation Act barred state law claims against Noble.

The Fifth Circuit disagreed, holding the simply because the worker didn't have a 905(b) case against the vessel did not mean the worker was barred from bringing state law claims.

You can read the full opinion here.

Want to know more about maritime injury cases? 

We strive to provide the best, most professional, and most effective representation to workers in the offshore industry. 

If you want to know more about offshore injury claims, please take a moment to read the following articles:

1.  How to hire the best lawyer for your Jones Act or offshore injury case

2.  What is the Jones Act?

3.  What is a Longshoreman and What Are Their Legal Rights When Injured?

4.  The difference between the Jones Act and the Longshore & Harbor Worker's Compensation Act

5.  The Truth About Offshore Injury Claims.

6.  What Should You Do If You Are Injured Offshore

7.  What you should know if you were hurt offshore and your employer is giving you a hard time

8.  Should I give my employer or the insurance company a "recorded statement?"

9.  Do I need to hire a lawyer for my Jones Act or offshore injury claim?

10.  What happens when you file a Jones Act lawsuit.

11.  6 Critical Things you must know if you are injured at sea

12. The Secrets Your Employer May Not Want You To Know If You Are Injured Offshore.

Why is the Jones Act important for injured offshore workers?

The Jones Act was enacted in 1920.  The purpose of the Jones Act was to encourage U.S. maritime commerce, by, among other things, offering appropriate legal protections to injured seamen. 

Seamen are exposed every day to unique dangers and perils.  They must brave the open seas, work on dangerous offshore oil rigs, perform hard dredge work, master complicated maritime procedures and policies, watch out for their fellow workers, dive to great depths off of boats, ships, and rigs, work long hours, work in extreme weather conditions, and be away from their families for long periods of time.

All too often, the wages are not commensurate with the risks.  The sacrifices our maritime workers make every day to ensure that maritime commerce flows smoothly, that oil production in the Gulf of Mexico and elsewhere takes place, that ships and other vessels can make port, absolutely requires that the law recognize and protect them appropriately.

To take just one example:  When Hurricanes Katrina and Rita ravaged Gulf Coast oil production, and destroyed and disrupted the oil supply, our seamen and offshore workers came to the rescue, turning out in record numbers to get oil production back on line. 

It's not the executives in the fancy suits making millions of dollars a year who deserve our congratulations--although they often take all the credit.  The executives in the tall buildings didn't get the rigs repaired, the derricks fixed, the oil flowing.  No, it was the men and women of the offshore industry, the captains, pilots, roughnecks, deckhands, drillers, divers, toolpushers, ordinary and able bodied seamen, and other offshore laborers who braved the harsh conditions, spent time away from their families, and risked their health and safety to get oil production back on line in record time.  They didn't make millions of dollars a year to do the work--all too often, they were paid inadequately for the risks they took.   And they got no credit for what they did.  But they deserve the credit--their labor got oil production flowing.

Even in this age of so-called tort reform, where insurance companies and multi-billion dollar multi-national companies do everything they can to avoid responsibility to injured workers and their familes, most reasonable and fair-minded lawmakers recognize the amazing contributions made every day by offshore workers, Jones Act seamen, divers, dredge workers, captains, relief captains, tankermen, cooks, pilots, roustabouts, roughnecks, drillers, barge workers, and other offshore workers.

That's why the Jones Act is so important.  It is a formal and legal recognition of the contributions of offshore workers.  It shows that we appreciate their sacrifices, the risks they take every day, and what they contribute to our country's economic security.  It shows that the United States values the workers who make the money just as highly as we value the executives who hire and fire the workers and who never risk their health or safety on an offshore rig, boat, dredge barge, or other offshore vessel.

This entry, while not discussing any breaking legal news or cases, is made in an effort to congratulate the men and women who make the maritime industry work and to encourage all reasonable and fair-minded people, whether involved in the offshore industry or not, to congratulate the men and women who risk their lives to work offshore.

Everyone who has ever gone to sea to work offshore should be congratulated for what you do.   My firm is proud to stand by you in your moment of need, to represent you when necessary, and to call so many of you clients--and friends.