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McBRIDE v. ESTIS WELL SERVICE, L.L.C.

No. 12-30714.

768 F.3d 382 (2014)

Haleigh Janee McBRIDE, individually & on behalf of I.M.S., Plaintiff-Appellant v. ESTIS WELL SERVICE, L.L.C., Defendant-Appellee. Brian J. Suire, Plaintiff-Appellant v. Estis Well Service, L.L.C., Defendant-Appellee. Saul C. Touchet, Plaintiff-Appellant v. Estis Well Service, L.L.C., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 25, 2014.

Attorney(s) appearing for the Case

Brian C. Colomb , Domengeaux, Wright, Roy & Edwards, Lafayette, LA, Chad Flores, Esq. , Russell S. Post , Beck Redden, L.L.P., Houston, TX, David W. Robertson , University of Texas School of Law, Austin, TX, Elwood Clement Stevens, Jr., Esq. , Domengeaux, Wright, Roy & Edwards, Lafayette, LA, Nicholas A. Blanda , Attorney, Anderson & Dozier, Lafayette, LA, for Plaintiff-Appellant.

Alan K. Breaud , Timothy W. Basden, Esq. , Andrew Holleman Meyers , Breaud & Meyers, A.P.L.C., Lafayette, LA, for Defendant-Appellee.

Before STEWART, Chief Judge, and JOLLY, DAVIS, JONES, SMITH, BARKSDALE, DENNIS, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK, HAYNES, GRAVES, and HIGGINSON, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

We took this case en banc to decide whether the seaman plaintiffs in this case, both the injured seamen and the personal representative of the deceased seaman, can recover punitive damages under either the Jones Act or the general maritime law. We affirm the district court and conclude that this case is controlled by the Supreme Court's decision in Miles v. Apex Marine Corp.,1 which holds that the...

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