No. 19-1248

Eli Dunn v. Bryce Hatch, et al.

Lower Court: Ninth Circuit
Docketed: 2020-04-27
Status: Denied
Type: Paid
Tags: admiralty admiralty-jurisdiction civil-rights commercial-fishermen commercial-fishing maritime maritime-law public-policy punitive-damages seamen-rights statutory-interpretation wage-and-hour wage-disputes wages
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Should punitive damages be available to commercial fishermen cheated on their wages?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Should punitive damages be available to commercial fishermen cheated on their wages? 2. Is there a conflict among federal courts of appeal, and within the Ninth Circuit itself, as to whether 46 U.S.C. § 11107 provides a penalty for the nonpayment of wages as opposed to a penalty rate of wages for the failure to have a written contract of employment? 3. Can state law wage penalties be applied to claims brought by commercial fishermen, despite 46 U.S.C. § 11107? 4. Asa matter of public policy, should the Court when sitting in admiralty fashion a remedy where Congress is silent on wage protection for seamen, other than the statutory penalty for the failure to pay wages to merchant seamen on foreign voyages?

Docket Entries

2020-10-05
Petition DENIED.
2020-07-22
DISTRIBUTED for Conference of 9/29/2020.
2020-06-01
Motion to extend the time to file a response is granted and the time is extended to and including June 29, 2020. See Rule 30.1.
2020-05-22
Motion to extend the time to file a response from May 27, 2020 to June 27, 2020, submitted to The Clerk.
2020-04-07
Petition for a writ of certiorari filed. (Response due May 27, 2020)

Attorneys

Bryce Hatch, et al.
Kim J. TroutTrout Law, Respondent
Eli Dunn
John Wheeler MerriamLaw Office of John Merriam, Petitioner