In a case of national import argued by Barry Ponticello before the 9th Circuit Court of Appeals, the issue of punitive damages has been submitted.  The Court will address the potential liability of an employer Defendant to a seaman for punitive damages due to an unseaworthiness cause of action.

Considering the potential split in the Circuits on this issue, this matter has long been considered as one that may be headed to the United States Supreme Court (SCOTUS).  Various amicus briefs were submitted for the Court’s review.