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Old 06-25-2008, 02:37 PM   #1
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Court slashes judgment in Exxon Valdez disaster

I gotta admit first that I really haven't heard much about this until recently. But I do have to agree with the judges here. Exxon has already compensated people for their loss of wages and or property. Trying to punish them by paying another (originally) 5 billion is just stupid.


Court slashes judgment in Exxon Valdez disaster
Jun 25 11:16 AM US/Eastern
By PETE YOST
Associated Press Writer
6 Comments
WASHINGTON (AP) - The Supreme Court on Wednesday slashed the $2.5 billion punitive damages award in the 1989 Exxon Valdez disaster to $500 million.

The court ruled that victims of the worst oil spill in U.S. history may collect punitive damages from Exxon Mobil Corp., but not as much as a federal appeals court determined.

Justice David Souter wrote for the court that punitive damages may not exceed what the company already paid to compensate victims for economic losses, about $500 million compensation.

Souter said a penalty should be "reasonably predictable" in its severity.

Exxon asked the high court to reject the punitive damages judgment, saying it already has spent $3.4 billion in response to the accident that fouled 1,200 miles of Alaska coastline.

A jury decided Exxon should pay $5 billion in punitive damages. A federal appeals court cut that verdict in half in 1994.

The Supreme Court divided on its decision, 5-3, with Justice Samuel Alito taking no part in the case because he owns Exxon stock.

Exxon has fought vigorously to reduce or erase the punitive damages verdict by a jury in Alaska four years ago for the accident that dumped 11 million gallons of oil into Prince William Sound. The environmental disaster led to the deaths of hundreds of thousands of seabirds and marine animals.

Nearly 33,000 Alaskans are in line to share in the award, about $15,000 a person. They would have collected $75,000 each under the $2.5 billion judgment.

In dissent, Justice John Paul Stevens supported the $2.5 billion figure for punitive damages, saying Congress has chosen not to impose restrictions in such circumstances.

Justice Ruth Bader Ginsburg also dissented, saying the court was engaging in "lawmaking" by concluding that punitive damages may not exceed what the company already paid to compensate victims for economic losses.

"The new law made by the court should have been left to Congress," wrote Ginsburg. Justice Stephen Breyer made a similar point, opposing a rigid 1 to 1 ratio of punitive damages to victim compensation.

Writing for the majority, Souter said that traditionally, courts have accepted primary responsibility for reviewing punitive damages and "it is hard to see how the judiciary can wash its hands" of the problem by pointing to Congress for a solution.

A jury decided that the company should pay $5 billion in punitive damages. A federal appeals court cut that verdict in half.

The problem for the people, businesses and governments who waged the lengthy legal fight against Exxon is that the Supreme Court in recent years has become more receptive to limiting punitive damages awards. The Exxon Valdez case differs from the others in that it involves issues peculiar to laws governing accidents on the water.

Overall, Exxon has paid $3.4 billion in fines, penalties, cleanup costs, claims and other expenses resulting from the worst oil spill in U.S. history.

The commercial fishermen, Native Alaskans, landowners, businesses and local governments involved in the lawsuit have each received about $15,000 so far "for having their lives and livelihood destroyed and haven't received a dime of emotional-distress damages," their Supreme Court lawyer, Jeffrey Fisher, said when the court heard arguments in February.
 
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Old 06-25-2008, 02:44 PM   #2
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i think you forgot who the real victims were here... and it's not like the poor little oil company will go out of business or anything...

and would you take 15,000 bucks for having your livelihood destroyed? i sure as hell wouldn't be happy with that
 
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Old 06-25-2008, 03:03 PM   #3
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Originally Posted by SoFlaJDM View Post
i think you forgot who the real victims were here... and it's not like the poor little oil company will go out of business or anything...

and would you take 15,000 bucks for having your livelihood destroyed? i sure as hell wouldn't be happy with that
Exxon has already compensated everyone that had losses. This last bit is just for "pain and suffering".

Also, when the spill happened it was said that it would take decades for the land and sea and wildlife to recover. When really, it recovered in only a couple years. The long term losses weren't as great as everyone had predicted.
 
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Old 06-25-2008, 03:04 PM   #4
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Originally Posted by Stylerod View Post
Exxon has already compensated everyone that had losses. This last bit is just for "pain and suffering".

Also, when the spill happened it was said that it would take decades for the land and sea and wildlife to recover. When really, it recovered in only a couple years. The long term losses weren't as great as everyone had predicted.
so?
 
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Old 06-25-2008, 03:09 PM   #5
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Originally Posted by SoFlaJDM View Post
so?
So it seems everyone wins.
 
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Old 06-25-2008, 03:19 PM   #6
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You can kill every squirrel, pigeon, sea bird whatever near me for $15,000.

I'll take the cash, the animals will return eventually. I'm a selfish ass, no need to remind me.
 
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Old 06-25-2008, 03:48 PM   #7
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I don't understand where their foundation that punitive damages have to be a 1:1 ratio for victim compensation came from.. I think Ginsberg said it pretty well in her dissent
 
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Old 06-25-2008, 06:53 PM   #8
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Originally Posted by Stylerod View Post
Exxon has already compensated everyone that had losses. This last bit is just for "pain and suffering".

Also, when the spill happened it was said that it would take decades for the land and sea and wildlife to recover. When really, it recovered in only a couple years. The long term losses weren't as great as everyone had predicted.
But the spill still had an impact.

Valdez: 19 Years Later : NPR
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