MDL Court: Living Plaintiffs in MARDOC Asbestos Cases Can Seek Punitive Damages; Wrongful Death Claimants Cannot

PHILADELPHIA –– The court overseeing the federal coordinated asbestos docket has found that while punitive damages may be awarded in cases asserting general maritime claims of unseaworthiness, the same remedy is not available to those asserting unseaworthy survival actions.

In the July 9 opinion, the U.S. District Court for the Eastern District of Pennsylvania granted defense motions for judgment on the pleadings on punitive damages as to all plaintiffs in wrongful death or survival actions.

“In sum, a general maritime claim of unseaworthiness can support a punitive damages award when brought directly by an injured seaman, but not when brought …