Recently in Injury & Tort Law Category

In an action based on Defendant's alleged refusal to pay maintenance and cure to Plaintiff for injuries he suffered while working on Defendant's tugboat, the District Court's order holding that punitive damages were available is affirmed where punitive damages for the willful and wanton disregard of the maintenance and cure obligation remain available as a matter of general maritime law.

Read Atlantic Sounding Co., Inc. v. Townsend, No. 08-214

Appellate Information

Argued March 2, 2009

Decided June 25, 2009

Justices

Thomas, J., delivered the opinion of the Court.

Alito, J., filed a dissenting opinion.

Counsel

David W. McCreadie, Lau Lane Pieper Conley & McCreadie, P.A., Tampa, FL

G.J. Rod Sullivan, Jacksonville, FL

In objections to a settlement of tort claims against the insurer of an asbestos manufacturer, the Court of Appeals' order sustaining the objections is reversed where the terms of a prior injunction issued in bankruptcy proceedings regarding the manufacturer barred direct actions against Defendant, and the finality of the Bankruptcy Court's orders generally stood in the way of challenging their enforceability.

Read the full decision in Travelers Indemn. Co. v. Bailey, No. 08-295.

See the case docket.

Appellate Information:

On writ of certiorari to the United States Court of Appeals for the Fifth Circuit.
Filed on June 18, 2009

Judges:

Souter, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Thomas, Breyer, and Alito, JJ., joined.

Stevens, J., filed a dissenting opinion, in which Ginsburg, J., joined..

Counsel:

For Petitioner - Barry R. Ostrager, Simpson Thacher & Bartlett LLP, New York, NY.
For Respondent - Jacob C. Cohn, Philadelphia, PA.