Supreme Court of the United States

Atlantic Sounding Co., Inc. v. Townsend — Alito, J., Dissenting

June 25, 2009557 U.S. 404

Summary

Justice Alito, joined by Chief Justice Roberts and Justices Scalia and Kennedy, dissents from the majority's decision to allow punitive damages for willful refusal of maintenance and cure under general maritime law. He argues that under Miles v. Apex Marine Corp., courts should follow statutory frameworks such as the Jones Act and FELA, which limit recovery to compensatory damages. He would hold that punitive damages are unavailable under general maritime law maintenance and cure claims and would reverse the Court of Appeals decision.