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Environmental Punitive Damages And Due Process

Law360 (November 20, 2007, 12:00 AM EST) -- Although the grounding of the Exxon Valdez occurred almost twenty years ago, its consequences are still impacting environmentally sensitive industries.

Notably, in May 2007, the Ninth Circuit issued its final opinion on the punitive damages award from the resulting litigation, revising the jury’s $5 billion award to $2.5 billion on due process grounds.

Although the Supreme Court granted certiorari on the award in October, it denied cert on the due process question. As a result, the Ninth Circuit’s approach to evaluating punitive damages in In re...
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