Punitive Damages Archives - Jackson & Campbell, P.C.

18 May 2020 |

SCOTUS Opinion: Republic of Sudan Exposed to $4.3 Billion In Punitive Damages

Victims of an al Qaeda terrorist attack sued the Republic of Sudan under the Foreign Sovereign Immunities Act, which carved a specific exception under 28 U.S.C. sec. 1605(a)(7) for states that sponsored terrorism. When the victims filed suit, Section 1605(a)(7) did not permit recovery of punitive damages. Then In 2008, Congress amended FSIA through the National Defense Authorization Act, which ... Read More

TAGGED: Foreign Sovereign Immunities Act, SCOTUS opinon, Punitive Damages, 28 U.S.C. sec. 1605(a)(7), National Defense Authorization Act, 1605A(c), 1803(c)(3), Opati v. Rebublic of Sudan

24 Jun 2019 |

SCOTUS Opinion: Seamen Are Not Entitled To Punitive Damages Under Claims Of Unseaworthiness

In Dutra Group v. Batterton, a sailor was injured when a hatch blew open. He sued the vessel’s owner claiming unseaworthiness, seeking compensatory and punitive damages. The owner moved to strike the punitive damages claim, which was denied by the district court and affirmed by the Ninth Circuit. The Court, in a 6-3 opinion by Justice Alito, reversed and ... Read More

TAGGED: scotus, SCOTUS opinons, Punitive Damages, Unseaworthiness, Dutra Group v. Batterton, admiralty law