The oral argument for the Exxon Valdez punitive damages case heard by the U.S. Supreme Court on Wednesday is available, here. My earlier post on this case is here.
At issue is whether maritime law allows for punitive damages to be awarded in light of case law from the 1800's and the Clean Water Act. The oral argument is usually a poor indicator in predicting how the case will turn. The transcript is interesting for it runs the gamut of shipboard operations, the extent which a shipowner is liable for torts committed by their ship captains, and the various factors important to inform a punitive damages award (i.e. use of the Clean Water Act civil/criminal penalty structure as a factor in determining the excessiveness of a punitive damage award).
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