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Supreme Court to review Exxon Valdez damages

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spanone Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-29-07 10:21 AM
Original message
Supreme Court to review Exxon Valdez damages
Edited on Mon Oct-29-07 10:22 AM by spanone
taking bets....do they get a pass from this Supreme Court??? Eighteen Years Later???

The high court will determine if the $2.5 billion in punitive damages owed for the 1989 Alaska oil spill is excessive.

The justices said they would consider whether the company should have to pay any punitive damages at all. If the court decides some money is due, Exxon is arguing that $2.5 billion is excessive under laws governing shipping and prior high court decisions limiting punitive damages.

http://money.cnn.com/2007/10/29/news/companies/bc.scotus.exxonvaldez.ap/index.htm?cnn=yes
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truebrit71 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-29-07 10:23 AM
Response to Original message
1. My guess is that the fine is reduced to zero and the court makes the Dems apologize for it...
...I hate to be so cynical but is there anyway that the supremes WON'T reduce this fine?

I don't see it.
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Arugula Latte Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-29-07 10:28 AM
Response to Reply #1
6. Nancy Pelosi will probably apologize for the fine on the floor of the House. nt
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Baby Snooks Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-29-07 11:06 AM
Response to Reply #6
13. OMG
She probably will.
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madokie Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-29-07 10:33 AM
Response to Reply #1
7. no no no you got it all wrong the Dem's will be falling all over themselves to apologize
and not needed to be goaded into doing it. just kidding but I am starting to realize we really don't have very good leadership right now with either Harry or Nancy, now do we
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whopis01 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-29-07 10:24 AM
Response to Original message
2. It was already cut in half from the $5 billion that the jury awarded in 1994. n/t
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Lasher Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-29-07 10:24 AM
Response to Original message
3. They will rule it is excessive
And they will give it back to lower courts, saying they have to start over again. All the plaintiffs will be dead before this ever gets through the courts.
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Vickers Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-29-07 10:26 AM
Response to Original message
4. "the $2.5 billion in punitive damages owed"

OWED???????

:wtf:

Am I to understand they haven't paid any of that fine yet?

Holy shit.
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The Stranger Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-29-07 10:26 AM
Response to Original message
5. One Nation, under Exxon, with destruction, murder and torture for all.
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DemoTex Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-29-07 10:33 AM
Response to Original message
8. Exxon will be exonerated. Joseph Hazelwood will be Sec. of Transportation.
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Richard Steele Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-29-07 10:44 AM
Response to Original message
9. 2.5 billion is just over 23 days worth of their profits, you know.
They cleared 39.5 BILLION in profit in 2006.

Thats $4,509,132 an HOUR, every hour, every day.


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spanone Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-29-07 10:59 AM
Response to Reply #9
11. imagine their legal costs over eighteen years of battling this?
this subprime court will probably allow exxon-mobil to get money back for attorney fees.
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WCGreen Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-29-07 10:51 AM
Response to Original message
10. If I had my way, they would have to adjust it for inflation...
Shit they made over 8 billion in profit the first quarter of this year...

And they probably had a contigency fund for that already on the books...

so if they get a pass from the SC...

Well, where is the accountability that conservatives rail about when a kid lights up a crack pipe...

Hanging judgea Thomas and Tony the Scar will find that it is not in the constitution to fine a corporation, strict constructionalists that they are...

Damn these fuckers will follow the money...
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gratuitous Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-29-07 11:00 AM
Response to Original message
12. I would have guessed GVR
That is, grant the petition for a writ of certiorari, vacate the underlying judgment, and remand to the Ninth Circuit for further consideration of the punitive damages verdict in light of their decisions in State Farm v. Campbell or Williams v. Philip Morris.

However, this is a punitive damages verdict in a federal court, not a state court, so the holdings of State Farm and Williams may not apply (and probably shouldn't apply). I'm not very well-versed on the state of the law for punitive damages in federal court, but the Supreme Court as currently constituted, doesn't seem terribly averse to upholding the rights of corporations, paper ballots and other inanimate objects over the rights of the citizens, so look for Exxon to get a favorable ruling.

However, if the Earth spins off its axis, the grass ceases to grow or the wind refuses to blow, and the verdict is affirmed, Exxon will be liable not only for the original $2.5 billion award, but for interest from 1989. The federal rate isn't terribly high (for example, the state rate in Oregon is 9% per annum), but it should still nearly double the award, which would be good news for the surviving plaintiffs.
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Beelzebud Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-29-07 11:14 AM
Response to Original message
14. Our right-wing court will probably rule that the spill never happened.
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yourout Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-29-07 11:35 AM
Response to Original message
15. I am guessing it will be a split decision with Alito recusing.
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