[seadog] Judge Holland decides
- From: "Tom Blanchard" <tomblanchard@xxxxxxxxxxxxxxxx>
- To: "SEADOG" <seadog@xxxxxxxxxxxxx>
- Date: Sat, 7 Dec 2002 10:46:37 -0500
(12-06) 19:14 PST ANCHORAGE (AP) --
A federal judge on Friday reduced by $1 billion the damage award against
Exxon Corp. for spilling 11 million gallons of crude oil into Prince William
Sound 13 years ago.
U.S. District Judge Russel Holland reduced the original $5 billion punitive
damages award to $4 billion.
An Alaska jury in 1994 approved the original award in the Exxon Valdez
spill, but the 9th Circuit Court of Appeals said the award was excessive and
sent the case back to Holland.
Exxon says it will appeal the new figure.
"Our position is no punitive damages are really warranted in this case,"
said company spokesman Tom Cirigliano.
Dave Oesting, lead counsel for the roughly 32,000 plaintiffs -- including
fishermen, communities, businesses and landowners -- said he was pleased
with the decision.
"He believes $4 billion is an appropriate number, nothing less," Oesting
said.
Exxon argued that the company was effectively punished and deterred by the
billions it had paid out in cleanup costs, compensation to hundreds of
claimants and government fines.
Holland heard arguments in the case in October. Attorneys for Exxon said "a
huge reduction" was required -- maybe all the way down to zero -- but under
criteria laid out by the appeals court, no more than $40 million.
"This ruling flies in the face of the guidelines set by the appeals court
when they sent this case back to Judge Holland," said Charles Matthews,
ExxonMobil Vice President and General Counsel.
Miller, the plaintiff's liaison attorney, said the judge made note of the
enormity of the event and the company's recklessness, which could have led
to far greater damages.
"We're thrilled with the result," Miller said. "It's exactly what we've been
urging the court to do."
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