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The Sky Has Not Yet Fallen on Punitive Damages in Admiralty

10 Pages Posted: 1 May 2009  

John Paul Jones

University of Richmond School of Law

Date Written: March 24, 2009

Abstract

Contrary to much of what has been said about the decision of the United States Supreme Court last term in Exxon Shipping Co. v. Baker, it hardly put an end to the discretion of American judges to make awards of punitive damages in cases within admiralty jurisdiction. Rather, it confirmed judicial authority to make such awards in the absence of legislative direction, rejected the view that the Clean Air Act signals any intent of Congress to foreclose them in cases in which that statute is implicated, and sets for them a cap, but only for an uncommon category of cases.

Keywords: admiralty, maritime, punitive, Exxon Valdez, Apex Marine, oil spill, Robins Dry Dock

JEL Classification: K13, K32, K41, K42, L92

Suggested Citation

Jones, John Paul, The Sky Has Not Yet Fallen on Punitive Damages in Admiralty (March 24, 2009). Tulane Law Review, Forthcoming. Available at SSRN: https://ssrn.com/abstract=1367909

John Paul Jones (Contact Author)

University of Richmond School of Law ( email )

28 Westhampton Way
Richmond, VA 23173
United States
804-289-8211 (Phone)
804-662-5085 (Fax)

HOME PAGE: http://law.richmond.edu/faculty/jones.php

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