More on the Exxon Valdez Punitive Damages Case - Opening Brief

I posted earlier about the Supreme Court agreeing to hear a case stemming from the Exxon Valdez oil spill, here.  On Monday, Exxon filed a Petitioner's Brief, here.

At issue is whether general "maritime law" allows for an award of punitive damages.  Specifically, 1) whether federal law will hold a shipowner liable for punitive damages for at-sea conduct of the ship's master; 2) whether a judge can craft a punitive damages remedy for pollution when Congress has already established both civil and criminal penalties in the Clean Water Act; and 3) whether the award of a $2.5 billion was within the limits allowed by general maritime law.

Thanks to my colleague Tred Eyerly, an insurance coverage specialist and former Alaskan resident, for the tip on the brief.