UNITED STATES SUPREME COURT GRANTS REVIEW OF EPS CASE

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On December 7, 2018, the United States Supreme Court granted Defendant’s Writ of Certiorari in the matter of DUTRA GROUP v BATTERTON.   Defendant Dutra, represented by Barry Ponticello at EPS, sought to strike the punitive damages alleged by Plaintiff under the general maritime unseaworthiness action. The matter has proceeded through the Trial level and 9th Circuit Court of Appeals.

In an issue of national maritime importance, the United States Supreme Court will now decide whether seaman can pursue punitive damages under the general maritime law for a vessel’s unseaworthiness.