EXXON VALDEZ OIL SPILL (EVOS) LITIGATION UPDATE
On Wednesday, July 1, 2009, Exxon made another partial payment to plaintiffs of the money they owe. This time, they transferred $470 million, a partial payment on interest. They continue to fight about $70 million in costs, and have asked the Ninth Circuit Court of Appeals to assemble a larger panel "en banc" to hear the matter.
Some of the $470 million has to be transferred to the Chugach Native Corporations and some will be reserved for costs, and the pendency of the Cook Inlet/Nautilus appeal with the Ninth Circuit. But the EQSF is now working with lead counsel and the Plaintiffs' Allocation Committee to develop a plan to move as much of the money - expected to be about $410 million passing through the plan of allocation - to claimants. Within the next two weeks, lead counsel expects to file the first in a series of applications with Judge Holland to distribute punitive damages interest. The first of these applications is expected to be for claimants who do not have an encumbrance on their claim which should amount to more than half of the $410 million available to be distributed.
Actual distributions on the first application will not begin until after Judge Holland has approved the application and the 30 day time period for appeals has passed without objection. Thus, distributions should not be expected until sometime around mid-October.
In addition, the EQSF Administrator has advised us that more than 2500 punitive damages checks already issued by the EQSF to claimants and lien holders remain un-cashed. The Administrator urges all recipients of such checks to negotiate them, immediately, to avoid having a bank refuse to honor them as stale.
Press Release 11/26/2008
Plaintiffs' counsel in the Exxon Valdez Litigation announced today that the process of distributing punitive damages money to claimants who have no outstanding liens in 13 claim categories (oiled fisheries, Native subsistence , and the Prince William Sound Fund) consistent with the Judge Russell Holand's November 24 order is now underway, and should be completed by mid-December. "Barring some unforseen event," we intend to complete this distribution round by December 15," said Lynn Sarko, Exxon Qualified Settlement Fund Administrator. The Fund is the legal entity that is charged with distributing monies from the Exxon Valdez oil spill litigation to claimants. For those claimants who have already signed up to receive funds by direct bank deposit, the next round of payments are expected to be made on or about Friday, December 5. For those who will receive distributions by check, they should be mailed no later than Monday, December 15. Though the cutoff date has passed for claimants to request "direct deposit" for the current round of distributions, plaintiffs' counsel encourage all claimants to request direct deposit for future rounds as it results in quicker payments, and is less costly. About one quarter of the claimants have already applied to participate in the direct deposit program. "Claimants who are listed in our October 31 application to Judge Holland now have an accurate estimate of the amount they will soon receive, and will be able to do appropriate year end financial and tax planning," said Sarko. Because Judge Holland has authorized a attorney fee of 22.4% , claimants should receive 77.6% of the gross amounts that are listed in court documents. The documents listing the gross distribution amounts for each claimant can be viewed on the Anchorage Daily News web site, and on the EVOS web site, www.exspill.com. Thus, someone whose claim is listed at $10,000 should expect a check for $7,760. Efforts will be made in early 2009 to distribute punitive damages money to claimants in the 13 categories who have active liens, and to claimants in the remaining 39 claim categories. "We tried to distribute as much money as possible to the largest number of claimants in 2008," said Sarko. "We are very pleased that Judge Holland has authorized us to begin the punitive damage distributions. We understand that many claimants are in desperate need of these funds in these difficult economic times."
Long wait nearly over for Exxon Valdez case
Any Monday between now and June 23, the Supreme Court could issue its decision on the Exxon Valdez lawsuit, a case that Alaskans have been awaiting for nearly two decades.
The court generally issues its decisions on Mondays, and the Exxon case is due out before the Supreme Court term ends June 23. The lawsuit, a dispute over $2.5 billion in punitive damages, is the final legal case remaining from the March 1989 spill of 11 million gallons of crude oil in Alaska's Prince William Sound.
More information:
Houston Chronicle
KTUU
ABC News
Statewide Teleconference Seminar Series
Health care professionals, researchers, tribal representatives, health and environmental advocates, students, health-affected persons and anyone interested is cordially invited to participate in a teleconference seminar on:
Worker Health and the Exxon Valdez Oil Spill: What Have We Learned about the Effects of Oil on Human Health? TIME: Tuesday, March 25 at 9 AM Alaska Time.
The call will last one hour. Learn More
Talk of Alaska: Exxon Valdez The Whole Truth Campaign
ExxonMobil and plaintiffs in the Exxon Valdez oil spill lawsuit are gearing up for arguments before the U.S. Supreme Court later this month (Feb 27). Back here at home, victims of the spill have banded together to form The Whole Truth campaign in support of more than 32,000 fishermen, women and Alaska Natives still waiting to recover damages from the spill, now nearly 20 years old. Will their voices be heard in Washington? Will it make a difference? For the entire program listen to APRN's podcast
Valdez lawyer disputes Exxon's numbers
Earlier this week, Exxon turned in its final brief to the high court in the Exxon Valdez case. The document focused on three main areas: maritime precedent, the clean water act and finally, an argument that Exxon has already forked over plenty. Exxon attorneys write in the brief, The $3.4 billion Exxon has already paid is enough to deter anyone from doing anything. But one local has done the numbers and says Exxon has paid nowhere near that sum. For the full story listen to APRN's podcast.
Briefs Filed on Behalf of Respondents
792 page PDF Document. Photos, maps, briefs and more. Worth the download!
"The Respondents' brief lays out the facts and law that support the decision of the jury, the district court, and the Ninth Circuit to order Exxon to pay punitive damages. The brief outlines the legal defects in Exxon's argument that 19th Century admiralty law decisions should allow it to escape payment of punitive damages in the 21st Century; takes on Exxon's incredible argument that the Clean Water Act--the nation's premier environmental law--should be interpreted to shield oil polluters from punitive damages; and argues that Exxon's plea for additional maritime law restrictions on punitive damages awards is nothing but the result-oriented special pleading of the nation's most notorious corporate polluter."
Briefs Filed On Behalf of Respondents
Kodiak Comfish
Ora Foundation will be hosting an EVOS Plaintiffs table at Kodiak's annual Comfish.
Amicus Brief posted
Amicus Brief filed 1/29/2008.
Newly Added
Exxon's brief to the Supreme Court is now on line for you to read. Brief for Petitioners
Resolution Posted
This resolution is a guide that encourages communities, individuals and local Governments in asking the U.S. Chamber to refrain from filing an Amicus Brief in support of Exxon.
Bringing this resolution forward with your local Chambers of Commerce and governments makes a strong statement to the U. S. Chamber regarding their lack of representation for the local chapters. Draft Resolution, National Chamber of Commerce
Anchorage Workshop Announced
Anchorage EVOS Litigation Workshop Date: Monday, December 17th Time: 10:30am to 3pm (registration at 10:30am) Location: Loussac Library - Assembly Chambers, Anchorage Presenters: Matt Jamin, Joni Whitmore and Bruce Gabrys
Seattle, Bellingham and Portland Workshops
The Oiled Regions of Alaska Foundation will be conducting our Settlement/Financial Planning program in locations throughout the Northwest. See detailed information about our EVOS Update/Financial Planning programs.
EVOS Update/Financial Planning programs
Kenai - November 14
Cordova - November 15
Seattle - November 29th
Location and hours TBA
Portland - November 30th
Location and hours TBA
Pending for December:
Bellingham
Anchorage
For more information and schedules see our Workshops page.
EXXON's Appeal to the Supreme Court
From Table of Contents of Exxon's Petition:
I. The Court Should Grant Certiorari to Resolve the Conflict in the Circuits on Whether Maritime Law Permits Vicarious Punitive Damages&.page 11
II. The Court Should Grant Certiorari to Resolve the Conflict in the Circuits on Whether Maritime Law Permits Judge-Made Remedies When Congress Has Not Authorized Them in Applicable Statutes&.page 15
III. The Court Should Grant Certiorari to Remedy Confusion in the Lower Courts and Make Clear the Permissible Size of Punitive Damage Awards under Maritime Law and under the Due Process Clause&.page 21 A. Maritime Law&page 21
B. Due Process&.page 27 (petition not granted for part B)
EXXON's Appeal to the Supreme Court
http://www.adn.com/static/includes/news/exxonpetition.pdfThe Court will hear Exxon's petition as to the following issues:
1. Whether Exxon can be liable for its drunk captain absent a showing that Exxon "directed, countenanced or participated in the conduct...."
2. Is Exxon's punitive liability limited to the penalties contained in the Clean Water Act ? (This is Exxon's argument that $ 25,000,000 is right and $ 40,000,000 is too much):
3. Is $ 2.5Billion within the limits allowed by federal maritime law?
The Court elected not to hear any arguments about whether, even if maritime law allowed the penalty, it is permitted under Constitutional due process.
Submitted for publication on this website by ORA Board member Chuck McCallum
Cordova Meeting and Workshop Rescheduled
The March 11 meeting of the ORA Foundation was POSTPONED because the southbound jet cancelled. The NEW MEETING information is as follows.
The Oiled Regions of Alaska Foundation is holding a litigation update and financial planning workshop relating to the Exxon Valdez Oil Spill, Monday, March 26 from 11:30 a.m. to 3:00 p.m. in the Masonic Temple. The workshop is free and open to the public. Plaintiffs, individuals and nonprofit organizations are encouraged to attend. ORA Foundation is a community based foundation whose mission is to help mitigate the effects of catastrophic disasters through educational support. For more information contact Patience at 424-7585 or Riki at 424-3915.
Kodiak and Washington state Planning Workshops Announced
ORA Foundation announces Financial Planning Workshops. See our Calendar for details.
Cordova Meeting and Workshop
ORA Foundation hosts a Litigation Update and Planning Meeting at the Cordova Masonic Temple March 11, 2007 from 6 to 9 pm. Event is free and open to the public. For more information call Patience 907-424-7585 or Riki 907-424-3915
