Exxon Ruling Big Win For Business Jun 29, 2008
"The punitive damages award against Exxon was excessive as a matter of maritime law," wrote Justice David Souter for the majority in the case, Exxon Shipping Co. v. Baker ... Robin Conrad, executive vice president of the U.S. Chamber of Commerce's National Chamber Litigation Center, says the decision "could have an effect far beyond federal maritime law" because by limiting punitive damages awards to no more than that paid for compensatory damages ... "I cannot understand how the court would... (Forbes -- Business)
Letters to the Editor (6/27/08) Jun 28, 2008
What a surprise it was to read the Exxon Valdez ruling by the Supreme Court, 5 to 3 in favor of reducing the damages due to an issue with maritime law, carefully nonsubstantive for any other rulings regarding punitive damages. In other words, to heck with individual rights, and all hail big business and big oil. (Anchorage Daily News)
Exxon verdict Jun 28, 2008
Exxon tried to get almost the entire punitive damage award wiped out, using creative arguments from maritime law and the federal clean water act. The court at least had the good sense not to let Exxon off the hook altogether -- although the four most reliably pro-business justices would have done so. (Anchorage Daily News)
Alaska politicians react to U.S. Supreme Court ruling on punitive damages Jun 27, 2008
"This is devastating. This is a gross misinterpretation of maritime law and an insult to Alaska," said LeDoux, who was a practicing lawyer specializing in maritime law before entering politics. "Justice Breyer is absolutely correct in that this is a special case. The original punitive award was cut in half. Now it has been reduced even further and by a ridiculous amount. I'm outraged by this decision along with the rest of the people of Alaska.". (Juneau Empire)
Alaskans call oil-spill payment 'tragic' Jun 27, 2008
Plaintiffs said the court failed to take into account the damages that never were compensated in the first place, due to the quirks of maritime law and the long years it took for environmental impacts to manifest themselves ... Maritime law allowed compensation only when permits were sold at losses. (Christian Science Monitor)
Supreme Activists Toss Rape, Gun, Campaign Laws Jun 27, 2008
It was based on maritime law, which is mostly judge-made, anyway. Still, it takes considerable chutzpah to ignore a jury award of $5 billion, which already had been reduced to $2. (Bloomberg -- Columnists)
Ruling cuts Exxon spill victims' payout again Jun 27, 2008
Souter, in the majority opinion, said the justices split 4-4 on whether federal maritime law authorized punitive damages against a ship's owner for the misconduct of an employee, a result that left intact the appeals court's decision to allow some damages. Only eight justices participated because conservative Justice Samuel Alito, who owns Exxon stock, disqualified himself from the case. (San Francisco Chronicle)
A First for the Second Amendment Jun 27, 2008
They ruled that the amount was excessive under maritime law. Instead of $2. (Slate)
Justices pare jury award in Exxon Valdez oil spill case Jun 26, 2008
The justices, voting 5 to 3, said the original award, which would have been increased by more than $2 billion with accrued interest, was excessive under federal maritime law ... Unlike previous cases, the Valdez case didn't concern the constitutional restrictions on awards, and Souter said those limits were less stringent than those governing maritime law. (Boston Globe)
Supreme Court Reduces Damages Awarded in Exxon Case Jun 26, 2008
The 5-3 majority said that in the maritime law context, there should be a 1:1 ratio between compensatory and punitive damages ... Even though the ruling was based on maritime law, a unique branch of federal common law, the Souter opinion was full of concern about unpredictable "outlier" verdicts against corporations ... "It's not binding" outside maritime law, says , an early architect of the campaign against punitives. (Law.com)
High court slashes Exxon Valdez oil spill damages Jun 26, 2008
Writing for the majority, Justice David Souter said punitive damages could be awarded under maritime law, but the verdict against Exxon "under the circumstances of this case" should be limited to an amount equal to the damages already paid by Exxon to compensate victims of the oil spill ... "The decision could have an effect far beyond federal maritime law," said Robin Conrad, of the National Chamber Litigation Center. (Christian Science Monitor -- USA)
Exxon Valdez damages cut to $507.5 million Jun 26, 2008
That one-to-one ratio, a new legal standard for punitive awards, applies only to punitive damages meted out under maritime law ... Although business groups such as the American Petroleum Institute and the U.S. Chamber of Commerce had hoped that the Supreme Court would use the case as a way to curb large punitive damages against corporations in non-maritime cases, Wednesday's Supreme Court decision applies specifically to punitive damages under maritime law ... 5 million is still "a huge amount... (Anchorage Daily News)
Exxon Valdez $2.5 Billion Oil Spill Ruling Overturned Jun 26, 2008
5 billion in punitive damages was excessive under federal maritime law, and should be cut to the amount of actual harm. Soaring oil prices have propelled Exxon Mobil to previously unforeseen levels of profitability in recent years; the company posted earnings of $40. (ABC News -- Wire)
Exxon Valdez ruling cuts payment to Oregon fishermen Jun 26, 2008
A divided Supreme Court ruled that under maritime law, punitive damages, which are designed to punish wrongdoing, should not exceed compensatory damages, which Exxon paid to plaintiffs to cover their losses. The court said punitive damages must be "reasonably predictable in their severity.". (OregonLive, OR -- News)
Supreme Court slices Exxon oil-spill penalty Jun 26, 2008
Justice David Souter said the court decided the issue as a matter of maritime law. Wednesday's ruling will reduce the average plaintiff's award to $15,000, down from the $75,000 each of the fishermen and workers had been expecting when the case reached the Supreme Court. (AZCentral -- News)
Court slashes Exxon Valdez penalty Jun 26, 2008
5 billion award was out of line with US maritime law, and that damages against Exxon should be limited to the amount of actual harm caused. The ruling follows a 14-year court battle, during which more than 3000 of the plaintiffs in the lawsuit have died. (Sydney Morning Herald -- World)
$2.5B judgement to Exxon Valdez victims thrown out Jun 26, 2008
5 billion award excessive under maritime law and said punitive damages for shipping accidents should not exceed compensatory, or actual, damages ... The case of Exxon Shipping v. Baker addressed the reach of maritime law. (USA Today)
VALDEZ AWARD SLASHED Jun 26, 2008
A divided US Supreme Court cut the 2. 5 billion punitive damage award against Exxon Mobil for the 1989 Valdez disaster to 507. (New York Post -- Business)
* Koh in scrap with unification activist Jun 19, 2008
She called on the Ma administration to map out a comprehensive plan to deal with the problem in the future, including formulating a maritime policy, establishing a maritime affairs ministry and passing a basic maritime law. adding that Ma is an expert in maritime law. (Taipei Times, Taiwan -- World)
Shipwreck Explorers Discover 1780 British Warship in Lake Ontario Jun 17, 2008
Under maritime law she is still their ship. If she has been declared a "WAR GRAVE" it is forbidden by International Law to disturb her in any way. (Yahoo News -- Anthropology and Archaeology)
UN approves missions against Somali pirates Jun 4, 2008
But the issue of obtaining prior sanction before crossing into territorial waters is a cherished principle of maritime law for many nations. The resolution is due to expire in six months and does not set a precedent in international law. (Telegraph.co.uk)
Exxon Valdez decision expected in the next four weeks Jun 2, 2008
Former governors, the current governor, the congressional delegation, supertanker captains, environmentalists, state lawmakers, Alaska Natives and experts in maritime law all joined with the plaintiffs ... Several justices poked at Exxon's contention that it wasn't subject to punitive damages under maritime law. (Anchorage Daily News)
Supreme Court expected to issue Exxon Valdez verdict this month Jun 2, 2008
Former Alaska governors, the current governor, the congressional delegation, supertanker captains, environmentalists, state lawmakers, Alaska Natives and experts in maritime law all joined with the 32,677 plaintiffs in asking that the Supreme Court uphold the $2 ... While they seemed to grapple with the size of the damages awarded, they seemed to indicate that they thought Exxon failed to make a winning argument that it wasn't subject to punitive damages under maritime law. (Anchorage Daily News)
High Court on fantasy baseball Jun 2, 2008
The company has paid billions in fines and compensatory damages, so the ruling concerns only whether punitive damages are permitted under maritime law. (Exxon v. Baker). (AZCentral -- Sports)
Recruiter Loses Bid to Collect Merger Fee From Blank Rome May 29, 2008
The e-mail exchange between recruiting firm Mark Bruce International and Blank Rome about a proposed merger with New York's Healy & Baillie, a 28-lawyer firm specializing in maritime law, did not constitute an enforceable contract because the parties had not agreed on the terms of a fee, Supreme Court Justice Herman Cahn ruled. "As it [is] evident that the parties left the price term for future negotiation, the purported e-mail agreement was merely an unenforceable agreement to agree," the judge... (Law.com)
Captain's 'heart sank' May 7, 2008
"Until there is an established stable government in Somalia that can enforce maritime law, the risk of piracy in this region will continue," said Lydia Robertson, spokeswoman for the U.S. Navy's Fifth Fleet based in Bahrain. Don't Miss. (CNN -- World)
Man used liens to harass, jury finds May 2, 2008
by Michael Kiefer - May. 2, 2008 12:00 AM The Arizona Republic. (AZCentral)
Namibia: Ship of Shame Missing Apr 23, 2008
NamPort's Feris said International Maritime Law did not permit NamPort to refuse bunkering to a vessel unless specific instructions were given not to, which in this case had not been done. Although the ship switched off its transponder when it left Durban harbour, the South African Navy, the South African Police Services, Interpol and other international intelligence organisations were able to track it via satellite. (allAfrica.com)
Did fleeing arms shipbreak SA maritime law? Apr 20, 2008
Andrew Robinson, the vice chairman of the Maritime Law Association, told Sapa that if the ship's captain knew that the sheriff had been about to serve papers, then the ship would have contravened South African law. "If not, he's perfectly entitled to do that (set sail)," he said. (iAfrica.com)
Oregon presses Wahkiakum County for $750 ferry fee Apr 8, 2008
Ringen said he isn't an expert in maritime law, but the way he understands it, states can't restrict commerce in waters that are influenced by coastal tides, such as the Columbia River. He said the county wasn't about to hire an expensive attorney to fight a 750 fee. (Longview Daily News, WA)
Port Phillip Bay dredging starts Apr 5, 2008
He says it would trigger an automatic rescue operation under maritime law. "Units will be tasked to attend to that flare sighting. If people use that, not in an emergency situation, it actually puts a lot of people into action to rectify the situation," he said. (ABC Online)
Norman Watts is Boating Officer of the Year Apr 1, 2008
He provides boat training to recruits at the N.C. Wildlife Officers Academy and mentors young officers, while always continuing his own education, including completing coursework at the Maritime Law Enforcement School in Yorktown, Va. . (Elizabethtown Bladen Journal, NC)
QC for Sydney probe Apr 1, 2008
Mr Cole was appointed to lead the commission of inquiry because of his extensive knowledge of maritime law and experience as deputy judge advocate-general of the Australian Defence Force, Ms Gillard said. "This is going to be an extensive and complicated inquiry. There are documents that travel across 23km of shelf space. It will take some time," she said. (The Australian)
Australia to set up inquiry into wartime naval mystery Apr 1, 2008
Ms Gillard, who is standing in for Prime Minister Kevin Rudd while he is abroad, announced that former Supreme Court judge Terence Cole, an expert in maritime law, would lead the inquiry. The Australian government gave A$4m (1. (BBC News -- Asia-Pacific)
AWB commissioner to head Sydney inquiry Mar 31, 2008
Mr Cole, who has headed royal commissions into AWB's role in the United Nations' oil for food program and another into the building industry, was selected for his expertise in maritime law and for his experience as defence force deputy judge advocate general. Mr Cole will sit alone and report - well into next year - to Defence head Air Chief Marshal Angus Houston. (Kalgoorlie Golden Mail)
Cold War duty in the Arctic's frigid depths Mar 24, 2008
Bernard H. Oxman, a specialist in maritime law at the University of Miami School of Law, called the 1970 voyage "an indication of state practice and a refusal to acquiesce in Russian claims over navigation." Although Moscow has in recent years relaxed such claims, he said, the legal precedent remains. So too, McLaren sees his spy mission as a milestone for freedom of navigation, whether in Russian waters or elsewhere in the contested wilds atop the globe. (San Francisco Chronicle)
Key witness wraps up testimony in witness-tampering case Mar 22, 2008
Gibson had explained that United States Code 15 was maritime law ... Parker alleged that Gibson and Demmler were actually talking about her plea agreement with the government and not maritime law. (Columbus Business First, OH)
Hedlund Report -- More business than just casinos Mar 20, 2008
The state s first try at comprehensive legislation to prevent future spills was overturned by a federal court judge, who ruled it conflicted with federal maritime law. This new version will subject tankers to treble damages should they fail to notify the state they are passing through the bay and then spill oil. (Marshfield Mariner, MA)
Cosco Busan pilot charged with pair of crimes Mar 19, 2008
In maritime law, the pilot, who is an officer licensed by both the state and federal government and is responsible for giving advice on the navigation of a ship, is merely "a servant of the ship" and not liable for damage resulting from his actions. The cost of the oil spill, which affected the bay shoreline and ocean beaches as far as Bolinas in Marin County and the San Mateo County coast, is the responsibility of the ship's owner, Regal Stone Ltd. of Hong Kong. (San Francisco Chronicle)
Satellite turns 50 years old ... in orbit! Mar 18, 2008
Through analogy with maritime law, government property is not subject to automatic salvage rights when abandoned, as private property (at sea, and presumably in space) is. Still, if some private company wanted to retrieve the satellite as a demonstration of its space-repair capabilities, some arrangement could be worked out. (MSNBC -- Technology)
Lockheed Martin delivers maritime patrol plane to Coast Guard Mar 7, 2008
Lockheed Martin installed the systems in a way that allows them to continue to be used as transport planes as well as perform maritime search and rescue, maritime law enforcement and homeland security missions. Among other things, the systems contain belly-mounted surface search radar, a nose-mounted electro-optical infrared sensor, a flight deck mission operator station and a mission integrated communication system. (Philadelphia Business Journal, PA)
Chief Engineer of U.S. Ship Pleads Guilty to Concealing Deliberate Pollution in 'Magic Pipe' Case Feb 29, 2008
Additional assistance was provided by U.S. Coast Guard Sector Baltimore, U.S. Coast Guard Activities Europe, U.S. Coast Guard Fifth District Legal Office, Coast Guard Office of International and Maritime Law, and Coast Guard Headquarters Office of Investigations and Analysis. The case is being prosecuted by the U.S. Department of Justice Environmental Crimes Section and the U.S. Attorney's Office for the District of Maryland. (PR Newswire)
Exxon's appeal Feb 29, 2008
If its maritime law arguments fail, Exxon urges the Supreme Court to usurp the role of the jury and eliminate or slash the punitive damages. To mere mortals, there's no question the $2. (Anchorage Daily News)
Exxon Valdez: oil company tells top court captain was to blame Feb 29, 2008
Among the issues to be weighed by the court is whether Exxon can be punished under maritime law for the actions of the ship's captain, Joseph Hazelwood, who against company rules, had left the deck while on duty. Prosecutors also maintained that Hazelwood was drunk when the ship ran aground on March 24, 1989, although he has denied the charge and was acquitted in criminal court. (Yahoo News -- Politics)
High court hears case on Exxon damages Feb 28, 2008
But in his opening arguments, Exxon's attorney before the court, Walter Dellinger, said punitive damages - awarded to punish the company and deter future wrongdoing - were unnecessary and improper under "maritime law rule that has been settled for 200 years." ... "It's rather, I think, an exaggeration to call it a long line of settled decisions in maritime law," Ginsburg said, adding that the 1818 decision that Dellinger relied upon did not touch on punitive damages. (Boston Globe)
Exxon Valdez: Long voyage to justice Feb 28, 2008
Former governors, the current governor, supertanker captains, environmentalists, state lawmakers, Alaska Natives and experts in maritime law have all joined sides with the 33,000 plaintiffs whose lawyers will ask the nation's highest court to uphold the $2 ... The court will consider three very specific areas of law, including whether the company can be punished under maritime law for the actions of its ship captain, Joseph Hazelwood ... The court also will consider whether punitive damages... (Anchorage Daily News)
'Shame pole' points at Exxon Feb 28, 2008
The court will be considering whether the company can be punished under maritime law for the actions of its ship captain, Joseph Hazelwood ... Finally, the court will consider whether the verdict's size is allowable under the limits of maritime law. (Anchorage Daily News)
Exxon makes final pitch to avoid spill penalty Feb 28, 2008
While justices seemed to grapple with the size of the damages awarded, they indicated that they thought Exxon failed to make a winning argument that it wasn't subject to punitive damages under maritime law ... From the start of the 90-minute hearing, many of the justices seemed critical of Exxon's central argument: that 200 years of maritime law has little precedent for levying punitive damages against a company for the actions of its agents at sea ... Within minutes Justice Ruth Bader Ginsburg... (Anchorage Daily News)
Case may turn on 1818 court ruling (10/30/07) Feb 28, 2008
Four years later, in a decision that became a monument in federal maritime law, the Amiable Nancy decision was reversed by the U.S. Supreme Court, which ruled that the owners of the Scourge couldn't be held liable for the error of its captain ... The Supreme Court agreed Monday to hear an appeal of the Exxon Valdez punitive damages decision, based on Exxon Mobil Corp.'s invocation of maritime law, a vast and watery common-law domain that surrounds the federal statutes governing oil spills and... (Anchorage Daily News)
Exxon Mobil Appeals $2.5 Bln Valdez Oil Spill Award Feb 28, 2008
4 billion for the spill and cannot be held liable for additional punitive damages under federal maritime law. "Exxon gained nothing by what went wrong in this case and paid dearly for it," said Dellinger, who argued that the company had no malicious intent or improper profit motive. (Planet Ark, United States)
Supreme Court appears split on Exxon case Feb 28, 2008
Justice Ruth Bader Ginsburg and the other liberal justices were skeptical of Exxon's arguments that the award be voided because punitive damages are not allowed under maritime law ... He said nothing in long-standing maritime law prevented the jury from punishing Exxon for the reckless acts of the vessel's captain. (USA Today -- News)
Exxon Valdez Oil-Spill Dispute Reaches U.S. Supreme Court After 19 Years Feb 28, 2008
Exxon Mobil instead says the award violates federal maritime law, a largely judge-made set of principles governing the rights and duties of commercial vessels ... Exxon Mobil contends that Congress laid out the criminal and civil penalties for oil spills in the Clean Water Act and that courts can't use maritime law to impose additional punishment ... Alternatively, Exxon Mobil says maritime law doesn't permit ``vicarious'' punitive damages -- those that punish a company for the misconduct of its... (Bloomberg)
Oil and Water Feb 28, 2008
The questions on which the court granted certiorari are narrow ones, and underneath the fancy tort analysis they don't amount to much more than, "What do you sue for a drunken sailor?" Unlike other punitive damage cases the court has considered of late, the Exxon case turns only on whether maritime law somehow precludes such an enormous award; either because ship owners may not be held vicariously liable for the conduct of their drunken sailors, or because the Clean Water Act must be read to... (Slate)
Watershed for Punitive Awards Feb 27, 2008
The court will consider Exxon's claim that, under maritime law, it need pay nothing to the plaintiff fishermen, residents, Native Alaskans and others who prevailed in court. The case's high profile and its potential to steer the direction of private liability lawsuits spurred more than two dozen organizations, public agencies and individuals to file friend-of-the-court briefs staking out legal positions. (Wall Street Journal)
• 19 years later, Exxon Valdez case heads to closure Feb 27, 2008
The oil company maintains that the damages are unjust as a matter of maritime law. A jury originally smacked Exxon with a $5 billion award in 1994, and the company has been resisting paying it ever since. (FOX59, IN)
Maryland to Back Alaska in Oil Spill Suit Against Exxon Feb 27, 2008
A large portion of Exxon's defense revolves around what Gansler said is an antiquated 19th century federal maritime law that makes the captain of the ship solely responsible for the actions of his vessel ... "Because 48 states have punitive damages, there should not be a different rule for maritime law and toxic spills than the one that applies generally to all other corporations for land-based misconduct," they said. (Fox News)
Exxon appealing $2.5 billion award in Alaska oil spill Feb 27, 2008
Former governors, the current governor, supertanker captains, environmentalists, state lawmakers, Alaska natives and experts in maritime law all have joined forces with the 33,000 plaintiffs whose lawyers will ask the nation's highest court to uphold the verdict. Exxon has been appealing the verdict since 1994. (AZCentral -- News)
The $2.5 Billion Question Feb 27, 2008
This case hinges on the justices' interpretation of maritime law, and a ruling will probably focus narrowly on that ... In addition, Exxon says, maritime law limits punitive damages ... Mitchell Klein, an attorney with Bryan Cave LLP, predicts the justices will rule that punitive damages can't be collected against a company when a manager is solely at fault in a maritime law case. (Forbes -- Business)
US Supreme Court to review Exxon Valdez oil spill case Feb 26, 2008
It wants the high court to reject any punitive damages awarded against it under maritime law - or at least consider whether such high compensation is justified ... "Imposing vicarious punitive liability on a ship owner, without requiring the jury to find that the ship owner directed, countenanced, or participated in the conduct, was in conflict with almost 200 years of unbroken maritime law," the company argues in its brief to the court. (MarketWatch)
Grim legacy of Exxon still haunts Alaska Feb 25, 2008
The high court is scheduled to hear arguments Wednesday on whether punishment is excessive or even permitted under maritime law. Justice Samuel Alito Jr. owns Exxon stock and has recused himself from the case. (Boston Globe)
Closure in Exxon spill case? Feb 25, 2008
"Punishment excessive?The high court is scheduled to hear arguments on Wednesday on whether punishment is excessive or even permitted under maritime law. The case, Exxon Shipping v. Baker, may turn, in the eyes of the justices, on a nearly 200-year-old precedent set when privateer ships sailed the oceans, or on the more recent provisions of the Clean Water Act.But in Alaska, the lawsuit is seen as a test of justice and corporate responsibility, and its resolution is seen as critical to healing... (MSNBC -- Crime)
Cruise Conspiracy Theory? Feb 24, 2008
Rules of the waves: A new interpretation of an old maritime law that would likely slash cruise traffic on the West Coast (among other regions) is coming under heavy fire, according to San Francisco port officials, and federal officials and cruise lines might be working on a compromise. The Homeland Security Administration's Department of Customs and Border Protection, under lobbying by Norwegian Cruise Line, was considering an interpretation of the 142-year-old Passenger Vessel Services Act that... (San Francisco Chronicle -- Travel)
Japan Destroyer's Crew Saw Fishing Vessel Before Impact, Japan Times Says Feb 21, 2008
Maritime law requires boats operating at night to display a green light on their starboard side and a red light on the port side to aid other traffic, the paper said. The Atago navy destroyer is equipped with the Aegis missile tracking system. (Bloomberg -- Japan)
Reactionaries block the way for ocean treaty Feb 16, 2008
Furthermore, as Richard Lugar, former Chairman of the Foreign Relations Committee chairman and now its ranking minority party member, has emphasized, Opponents seem to think that if the U.S. declines to ratify the Law of the Sea, it will evaporate into the ocean mistsUnlike some treatieswhere U.S. non-participation renders the treaty irrelevant or inoperable, the Law of the Sea will continue to form the basis of maritime law regardless of whether or not the U.S. is a party. Nevertheless, the... (Missoulian, MT)
Norwegian Monopoly Feb 10, 2008
The Homeland Security Administration's Department of Customs and Border Protection is considering a new interpretation of an old maritime law that would effectively prevent any other line from offering Hawaii cruises ... The background: An archaic maritime law from 1886 requires that ships registered to foreign countries (foreign flagged) must visit at least one foreign port if they stop at two U.S. ports. (San Francisco Chronicle -- Travel)
