Supreme Court Refuses to Review Minton. Punitive Damages Are Not Available Under the LHWCA.

Yesterday the Supreme Court of the United States denied certiorari in Minton v. Exxon Mobil Corp.  That means that the Court will not review the Virginia Supreme Court’s determination that punitive damages are unavailable in Section 905(b) actions.  Specifically, the Virginia Supreme Court stated that because “punitive damages are not a remedy made available within the terms of the LHWCA, and the language plainly restricts the damages to those remedies explicitly made available, they are extinguished as a category of recovery in LHWCA claims.”

Click here for the Supreme Court’s Order List where it denied certiorari.

Click here for Virginia’s Exxon Mobil Corp. v. Minton, — S.E.2s —-, 2013 WL 119661 (Va. 2013).