2008 Supreme Court term

ATLANTIC SOUNDING CO., INC. ET AL. v. EDGAR L. TOWNSEND.

Dockets 08-214Argued
AI-generated independent summary

This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.

In brief

Overview

According to Atlantic Sounding Co., Inc., according to Atlantic Sounding Co., Inc., the case concerns whether a Jones Act seaman can recover punitive damages for a shipowner’s willful failure to pay maintenance and cure.

The respondent argues that punitive damages should never be awarded and that a seaman should not have to go to court for maintenance and cure.

Background and question before the Court

Justice Scalia asked whether any of the claims were for punitive damages.

Justice Kennedy asked whether punitive damages were historically available for maintenance and cure claims.

Justice Ginsburg inquired about the incidence of representation for maintenance and cure claims versus Jones Act negligence claims.

What each side argues

Petitioner (Atlantic Sounding Co., Inc.)

According to Atlantic Sounding Co., Inc., according to Atlantic Sounding Co., Inc., the petitioner contends that punitive damages are unavailable under the Jones Act for maintenance and cure claims.

According to David W. McCreadie, the petitioner notes that there is no precedent for awarding punitive damages to a Jones Act seaman for failure to pay maintenance and cure.

Respondent (Edgar L. Townsend)

The respondent argues that punitive damages were part of common law until removed by Congress and should not be awarded.

According to Respondent, the respondent asserts that a seaman should never have to go to court for maintenance and cure and that punitive damages should never be awarded.

What happened at oral argument

Justice Scalia asked whether any of the claims were for punitive damages.

Justice Kennedy asked whether punitive damages were historically available for maintenance and cure claims.

Justice Ginsburg inquired about the incidence of representation for maintenance and cure claims versus Jones Act negligence claims.

According to Chief Justice Roberts, chief Justice Roberts noted that punitive damages could increase litigation costs and be passed on to consumers.

What the Court decided

Pending This section will be added when the relevant Court material is available.

Why it matters

According to Chief Justice Roberts, the issue could affect the cost of maritime litigation and potentially increase consumer prices if punitive damages are allowed.

Terms to know

No glossary terms are available for this guide.

Primary sources

Read the source materials on the official site or open the immutable repository copy used for this guide.

  • 448dbc4041eb671530ea-r1-4445e81a6974b733.pdforal argument transcript

Guide generated September 23, 2026. Automated validation accepted this version.