In the 1990 case of Mercedel W. Miles v. Apex Marine Corporation, the U.S. Supreme Court ruled on a matter concerning maritime law and wrongful death claims under general maritime law and the Jones Act. The plaintiff, Mercedel W. Miles, was representing her deceased son's estate after he died while working aboard an oil tanker owned by Apex Marine Corporation due to alleged negligence and unseaworthiness of vessel conditions as per Jones Act provisions for seamen's injuries or deaths caused by employer negligence or unsafe ship conditions. The court held that there is no recovery for loss of society in a general maritime action for wrongful death based on unseaworthiness; it also clarified that punitive damages are not recoverable in such cases either because they do not align with traditional principles of maritime tort liability which focuses more on compensatory rather than punitive measures. This decision effectively limited potential compensation avenues available to families seeking redress following fatal incidents at sea involving their loved ones.

In the dissenting opinion for Miles v. Apex Marine Corporation, Justice Scalia disagreed with the majority's decision to not allow recovery for loss of society in a general maritime wrongful death action. He argued that there was no historical basis or precedent to support this limitation on damages and criticized the majority’s reliance on an analogy between maritime law and land-based tort law. Furthermore, he contended that Congress had never intended such limitations when it enacted statutes governing maritime affairs. According to him, by imposing these restrictions without clear legislative guidance, the Court overstepped its judicial role and encroached upon policy-making territory reserved for Congress.