10 Pages Posted: 1 May 2009
Date Written: March 24, 2009
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: 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