The United States Supreme Court issued its long-awaited decision in the
Exxon Valdez oil spill case.
You can read the Court's opinion by clicking here.
Once again siding with big business over the rights of individuals and families, the Court sliced down the punitive damage award from $2.5 billion dollars to $500 million dollars.
Setting aside the fact that $500 million represents
less than one day of profit for Exxon Mobil, and the fact that the Court basically just made up a number out of thin air, and the fact that the punitive damage award, while large, is a drop in the bucket for Exxon, the Court once again
shows a disturbing lack of confidence in the ability of American citizens to serve on juries, listen to evidence, and reach decisions.
Essentially, 8 lawyers from Washington D.C., most of whom have never actually tried a lawsuit themselves, and none of whom has any real idea what the Valdez spill did to thousands of Alaskan families and citizens, have once again s
ubstituted their judgment for the jurors and judges who actually heard the evidence in the case and reached a decision.
The silver lining
The silver lining in the case is that the justices, perhaps unwittingly, seem to have recognized that punitive damages are recoverable in maritime law.
For decades, most lawyers who represent Jones Act seaman and injured maritime workers have been under the impression that punitive damages were most likely not available in these types of cases.
What this has meant, as a practical matter, is that
maritime defendants could treat the injured workers as poorly as they wanted, be as unsafe as they wanted, and avoid any sort of responsibility or threat of punitive damages.
The Exxon Valdez case seems to take away that defense. Which is very helpful for injured workers, and, suprisingly from this Court, not quite as helpful to big business and insurance companies.
What do you think about the Exxon Valdez case? Did the Court get it right? Or should the Court defer to the jurors who actually heard the evidence and rendered a verdict?
Want to know more about maritime injury cases?
We strive to provide the best, most professional, and most effective representation to workers in the offshore industry. We are based in
Houston, Texas. We represent offshore workers all over the world.
To learn more about our law firm and what we can do for you, please visit the following websites:
www.vbattorneys.com
www.maritimeaccidentattorney.com
www.houstoninjuryaccidentlaw.com
If you want to know more about offshore injury claims, please take a moment to read the following articles:
1.
How to hire the best lawyer for your Jones Act or offshore injury case
2.
What is the Jones Act?
3.
What is a Longshoreman and What Are Their Legal Rights When Injured?
4.
The difference between the Jones Act and the Longshore & Harbor Worker's Compensation Act
5.
The Truth About Offshore Injury Claims.
6.
What Should You Do If You Are Injured Offshore
7.
What you should know if you were hurt offshore and your employer is giving you a hard time
8.
Should I give my employer or the insurance company a "recorded statement?"
9.
Do I need to hire a lawyer for my Jones Act or offshore injury claim?
10.
What happens when you file a Jones Act lawsuit.
11.
6 Critical Things you must know if you are injured at sea
12.
The Secrets Your Employer May Not Want You To Know If You Are Injured Offshore.
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