2 posts tagged “scotus”

The VP Debate is tonight and all of us at the Cheekymonkey household are on pins and needles!

Will there be gaffes?

Will there be zingers?

Will Putin rear his head?

Biden vs Palin:  Here's a little preview

Daft.  The woman is daft!  Does she understand the judicial system?  Does she not remember that Supreme Court decision just months ago in Exxon v. Baker, that vacated a punitive damages award in the Exxon Valdez case that was tried before an Alaskan Court?  

Many are cautioning not to underestimate her with regard to this debate, but oh my gosh, she is out of her league! 

So, the Supreme Court of the United States says it's okay to have a gun. 

But this decision really frosts my cookies!

The Supreme Court on Wednesday reduced what had once been a $5 billion punitive damages award against Exxon Mobileto about $500 million. The ruling essentially concluded a legal saga that started when the Exxon Valdez, a supertanker, struck a reef and spilled 11 million gallons of crude oil into the Prince William Sound in Alaska in 1989.

The decision may have broad implications for limits on punitive damages generally. Punitive damages, which are meant to punish and deter, are imposed on top of compensatory damages, which aim to make plaintiffs whole.

Justice David H. Souter, writing for the majority in the 5-to-3 decision, said a ratio between the two sorts of damages of no more than one-to-one was generally appropriate, at least in maritime cases. Since Exxon has paid about $507 million to compensate more than 32,000 Alaska Natives, landowners and commercial fishermen for the damage caused by the spill, it should have to pay no more than that amount in punitive damages, Justice Souter said.

Oh ...Verdict schmerdict!  Hasn't Exxon paid enough?  That doesn't even make any sense ... since the compensatory damages were high, the punitive damages should be diminshed?  In his dissent, Justice Stevens invokes the voice of sanity:

"In light of Exxon’s decision to permit a lapsed alcoholic to command a supertanker carrying tens of millions of gallons of crude oil though the treacherous waters of Prince William Sound, thereby endangering all of the individuals who depended upon the sound for their livelihoods,” Justice Stevens wrote, “the jury could reasonably have given expression to its moral condemnation of Exxon’s conduct in the form of this award."

And Alaskan Congressional candidate, Ethan Berkowitz, is none too pleased:

Last year, Exxon generated a record $40.6 billion dollars in profits, the largest profits of any corporation in history. The damages awarded under this ruling represent roughly 4.5 days of Exxon profits. They can certainly afford to do the right thing. They simply refuse to.

Exactly.  By cutting the punitive damage award, they are making it a non-puntive award.  In other words, this is just a drop in the bucket for Exxon, not a penalty that will punish them for the devastation caused by their actions. Just another example of how corporate interests trump compassion for our citizens.