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The Exxon Valdez oil spill occurred in the Prince William Sound, Alaska, on March 24, 1989. Exxon Valdez, an oil supertanker owned by Exxon Shipping Company bound for Long Beach, California struck Prince William Sound's Bligh Reef, 1.5 mi (2.4 km) west of Tatitlek, Alaska at 12:04 a.m. and spilled 10.8 million US gallons (260,000 bbl) of crude oil over the next few days.
Punitive damages, or exemplary damages, are damages assessed in order to punish the defendant for outrageous conduct and/or to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. Although the purpose of punitive damages is not to compensate the plaintiff, the plaintiff will receive all or some of the punitive damages in award.
The Exxon Valdez was an oil tanker that gained notoriety after running aground in Prince William Sound, spilling its cargo of crude oil into the sea. On 24 March 1989, while owned by the former Exxon Shipping Company, captained by Joseph Hazelwood and First Mate James Kunkel, and bound for Long Beach, California, the vessel ran aground on the Bligh Reef, resulting in the second largest oil spill in United States history. The size of the spill is estimated to have been 40,900 to 120,000 m3. In 1989, the Exxon Valdez oil spill was listed as the 54th-largest spill in history.
Phoenix is an unincorporated community located in Baltimore County in the State of Maryland, United States. It is located at latitude 39°30'59" North, longitude 76°36'59" West. The United States Postal Service has assigned Phoenix the ZIP code 21131.
Unfair business practices encompass fraud, misrepresentation, and oppressive or unconscionable acts or practices by business, often against consumers, and are prohibited by law in many countries. In the European Union, each member state must regulate unfair business practices in accordance with the Unfair Commercial Practices Directive, subject to transitional periods.
Jere Locke Beasley is an American attorney and politician; he served as acting governor of Alabama from June 5 to July 7, 1972. His law firm has been noted nationally for winning major awards for its clients; among them was an $11.8 billion punitive damage award against ExxonMobil in 2003.
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual.
BMW of North America, Inc. v. Gore, 517 U.S. 559 (1996), was a United States Supreme Court case limiting punitive damages under the Due Process Clause of the Fourteenth Amendment.
Pennzoil is an American motor oil brand currently owned by Shell plc. The former Pennzoil Company had been established in 1913 in Pennsylvania, being active in business as an independent firm until it was acquired by Shell in 2002, becoming a brand of the conglomerate.
Philip Morris USA v. Williams, 549 U.S. 346 (2007), 556 U.S. 178 (2009), was a decision by the Supreme Court of the United States, which held that the due process clause of the Fourteenth Amendment limits punitive damages, and ordered a lower court to reconsider its damages awards on that basis.
Human rights violations in Aceh, Indonesia occurred in the late 1990s and early 2000s when ExxonMobil hired Indonesian military units to guard their Arun gas field, and these military units raided and razed local villages. Government inquiries have extensively documented these abuses. Victims allege that ExxonMobil knew about the atrocities, which include assault, torture, and murder, and should be liable for them. The company denies these accusations; its primary defense is that the human rights violations which were occurring were not a result of specific intention of the organization and therefore it cannot be held liable.
William Mark Lanier is an American trial lawyer and founder and CEO of the Lanier Law Firm. He has led a number of high profile product litigation suits resulting in billions of dollars in damages, including Johnson & Johnson baby powder and Merck & Co.'s Vioxx drug.
Kivalina v. ExxonMobil Corp., No. 4:08-cv-01138, is a lawsuit filed on February 26, 2008, in a United States district court. The suit, based on the common law theory of nuisance, claims monetary damages from the energy industry for the destruction of Kivalina, Alaska by flooding caused by climate change. The damage estimates made by the U.S. Army Corps of Engineers and the Government Accountability Office are placed between $95 million and $400 million. This lawsuit is an example of greenhouse gas emission liability.
Exxon Shipping Co. v. Baker, 554 U.S. 471 (2008), was a case decided by the Supreme Court of the United States. The Court ruled in a 5-3 decision that the punitive damages awarded to the victims of the Exxon Valdez oil spill should be reduced from $2.5 billion to $500 million.
Methyl tert-butyl ether (MTBE) is a gasoline additive that replaced tetraethyllead. MTBE is an oxygenate and raises gasoline's octane number. Its use declined in the United States in response to environmental and health concerns. It has polluted groundwater due to MTBE-containing gasoline being spilled or leaked at gas stations. MTBE spreads more easily underground than other gasoline components due to its higher solubility in water. Cost estimates for removing MTBE from groundwater and contaminated soil range from $1 billion to $30 billion, including removing the compound from aquifers and municipal water supplies, and replacing leaky underground oil tanks. Who will pay for remediation is controversial. In one case, the cost to oil companies to clean up the MTBE in wells belonging to the city of Santa Monica, California is estimated to exceed $200 million.
Sterling v. Velsicol Chemical Corp., 855 F.2d 1188, was an environmental lawsuit filed by citizens of Hardeman County, Tennessee, led by Steven Sterling, who sued Velsicol Chemical Corporation for contaminating their water supply through improper disposal of toxic chemicals.
John Doe VII v. Exxon Mobil Corp (09–7125) is a lawsuit filed in the United States by 11 Indonesian villagers against ExxonMobil Corporation alleging that the company is responsible for human rights violations in the oil-rich province of Aceh, Indonesia. The case has broad implications for multinational corporations doing business in other countries. Indonesian security forces committed torture, rape, and murder against the plaintiffs and their families while under contract with ExxonMobil to guard the Arun gas field during the late 1990s and early 2000s; plaintiffs claim that Exxon is responsible for these atrocities.
As the world's largest majority investor-owned oil and gas corporation, ExxonMobil has received significant amounts of controversy and criticism, mostly due to its activities which increase the speed of climate change and its denial of global warming.
Smithfield Foods has been sued multiple times related to the disposal of hog waste using anaerobic lagoons. State governments have responded to the suits against Smithfield and similar litigation by strengthening ”Right-to-Farm” laws.
TXO Production Corp. v. Alliance Resources Corp., 509 U.S. 443 (1993), was a decision by the Supreme Court of the United States, which upheld the decision of the West Virginia state court awarding $19,000 in compensatory damages and $10 million in punitive damages to the plaintiff. Although multiple justices recognized that the punitive damages were 526 times the compensatory damages, the Court held a "general concern of reasonableness" should guide courts in determining constitutionally acceptable damages under the due process clause of the Fourteenth Amendment.
References
- ↑ "UPDATE 1-Court throws out much of $1.6 bln leak case vs Exxon". February 26, 2013. Retrieved January 18, 2018– via Reuters.
- 1 2 "U.S. News - National News". ABC News. Retrieved January 18, 2018.
- 1 2 Exxon found liable in Jacksonville gas leak Archived 2011-04-28 at the Wayback Machine Baltimore Sun. Retrieved June 2011
- ↑ Jury Finds ExxonMobil Liable For $150 Million Archived 2011-11-06 at the Wayback Machine , MSNBC.com. Retrieved June 2011
