Will Exxon punitive damages ruling spill over into due process questions?

Trial, January, 2008 by Chemerinsky, Erwin

In October, the Supreme Court granted certiorari in Exxon Shipping Co. v. Grant Baker, which involves a challenge to the large punitive damages awarded in litigation over the Exxon Valdez oil spill. (1) Significantly, the Court granted review of only some of the questions presented, which focus primarily on issues of maritime law. It expressly denied review on the question of whether the large award violated due process.

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Still, Exxon will no doubt try to use the case to push for further limits on punitive damages. The crucial question will be whether the Court's decision is limited to the maritime context or has broader implications.

On that question, there is a real possibility of a 4-4 split--Justice Samuel Alito has...

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