By Troy McMahan, Joe Akrotirianakis and Andrew Stakelum ( November 20, 2018, 2:18 PM EST) -- There is a split of authority in the circuit courts regarding whether a merchant seaman can recover punitive damages for the common law maritime claim of unseaworthiness. The Fifth Circuit, in McBride v. Estis Well Service LLC,[1] held that punitive damages are not recoverable by an injured seaman or his heirs under the general maritime law for the claim of unseaworthiness. Conversely, the Ninth Circuit, in Batterton v. Dutra Group,[2] recently held that punitive damages are "awardable to seamen for their own injuries in general maritime unseaworthiness actions." The shipowner in Batterton filed a petition for a writ of certiorari with the United States Supreme Court on Aug. 30, 2018, which is pending....