Mass Tort Litigation Blog

Ted Frank Commentary on Exxon Valdez Oral Argument in U.S. Supreme Court

Ted Frank of the American Enterprise Institute comments in a Federalist Society SCOTUScast on oral argument in Exxon v. Baker.

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Oral Argument on Punitives in Exxon Valdez Class Action

The Supreme Court heard oral argument Wednesday on whether to uphold the $2.5 billion punitive damages award against Exxon Mobil and its shipping subsidiary in a class action arising out of the 1989 oil spill of the Exxon Valdez in Alaska's Prince William Sound.  For commentary on the argument and on the Justices' questions, see Scotusblog, Point of Law, and the New York Times.  The Times article points out that the award, on behalf of a class of 32,000 fishermen and business owners, is the largest punitive damages award ever upheld in federal court.  With Justice Alito recused because of stock ownership, a 4-4 tie would result in affirmance of the judgment.  Observers have suggested the strong possibility that the award will be reduced but not eliminated.

HME

AEI Panel on Federal Preemption and the Supreme Court

The American Enterprise Institute has posted the audio and video for its panel presentation on February 21 on Federal Preemption and the Supreme Court.  AEI's Ted Frank moderated the panel, which included Michael Greve (AEI), Catherine Sharkey (NYU), Daniel Troy (Sidley Austin), and Brian Wolfman (Public Citizen).

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Nagareda on Preemption in Riegel

Professor Richard Nagareda (Vanderbilt) comments in a Federalist Society SCOTUScast on the recent U.S. Supreme Court preemption decision in Riegel v. Medtronic. 

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