Legal Opinion

Baker ex rel. Mandatory Punitive Damages Class v. Hazelwood

Court of Appeals for the Ninth Circuit

Decided November 7, 2001No. Nos. 97-35191 to 97-35193 and 97-35235PublishedCited by 1 opinion

1Opinion of the Court

KLEINFELD, Circuit Judge:

This is an appeal of a $5 billion punitive damages award arising out of the Exxon Valdez oil spill. This is not a case about befouling the environment. This is a case about commercial fishing. The jury was specifically instructed that it could not award damages for environmental harm. The reason is that under a stipulation with the United States and Alaska, Exxon had already been punished for environmental harm.1 The verdict in this case was for damage to economic expectations for commercial fishermen.

The plaintiffs here were almost entirely compensated for their…

2Cases cited101 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Santosky v. KramerSupreme Court of the United States · 1982
  3. Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
  4. Solem v. HelmSupreme Court of the United States · 1983
  5. Addington v. TexasSupreme Court of the United States · 1979

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3Cited by1 opinion

  1. In Re: The Exxon Valdez, Grant Baker, as Representatives of the Mandatory Punitive Damages Class v. Joseph Hazelwood, and Exxon Corporation Exxon Shipping Company, in Re: The Exxon Valdez, Grant Baker, as Representatives of the Mandatory Punitive Damages Class v. Exxon Corporation Exxon Shipping Company, and Joseph Hazelwood, Daniel R. Calhoun Bradford J. Chisholm David P. Clarke Thomas S. McAllister Phillip G. McCrudden Michael J. McClenaghan Guy Piercey Hugh Wisner Grant C. Baker Larry L. Dooley Kim J. Ewers John W. Herschleb Kent Herschleb David B. Horne Michael J. Owecke Gerald E. Thorne George A. Gordaoff Old Harbor Native Corporation Timberline, Inc. Barbara Brown John Foges Jamie L. Halladay Charles McMahon Jennifer Briggs Terri Mast Mark T. Coles Fred Galicano Mike Hollerbeke Kathy Bryan Vincent Libed Art Huddleston Opinion Robert Love Roxane Villaueva Marcelo Rombaoa Scott Hulbert Brian Gillis Frank Michael Carlson Elenor McMullen Native Village of Larsen Bay Native Village of Chenega Bay v. Exxon Corporation Exxon Shipping Company Joseph HazelwoodCourt of Appeals for the Ninth Circuit · 2001

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