exxon shipping co v baker pdf

Merits briefs Brief for Petitioner Exxon Shipping Company et al. 07-219 EXXON SHIPPING CO. V. BAKER DECISION BELOW: 490 F3d 1066 THE PETITION FOR A WRIT OF CERTIORARI IS GRANTED LIMITED TO QUESTIONS 1, 2, AND 3(1) PRESENTED BY THE PETITION. On Petition for a Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit BRIEF IN OPPOSITION James vanR. EXXON SHIPPING CO., et al., Petitioners, v. GRANT BAKER, et al., Respondents. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. EXXON SHIPPING CO. ET AL. Id. On June 25th, 2008, in Exxon Shipping Co. v. Baker (Exxon Ship-ping . EXXON SHIPPING CO. and EXXON MOBIL CORP., Petitioners, v. GRANT BAKER, ET AL., Respondents. EXXON SHIPPING COMPANY, et al., Petitioners, v. GRANT BAKER, et al., Respondents. Exxon Shipping Co. v. Baker (07-219) Appealed from the U.S. Court of Appeals for the Ninth Circuit (May 23, 2007) Oral Argument: Feb. 27, 2008. 07Œ219. GRANTED 10/29/2007 QUESTION PRESENTED: An Alaska federal jury awarded $5 billion in punitive damages against Exxon under Amicus briefs Brief for the United States Chamber of Commerce in Support of Petitioner Brief for the Transportation Institute, t 2 Housekeeping • Submit questions during the event using the Q&A section on the right side of your screen • We will also have an open Q&A at the end of the program Exxon Shipping Co. v. Baker What Does It Mean for Business? oil spill, pictures of slick, oil-covered birds and otters filled news-papers, and television news broadcasts led with footage of black oil lapping On Writ of Certiorari to the United States Court of Appeals for the Ninth Circuit BRIEF FOR THE RESPONDENTS Sumon Dantiki Joshua Johnson 127 Wall Street New Haven, CT … Exxon Shipping Co. v. Baker, 554 U.S. 471, 485 n.5 (2008) (citation omitted); see also Cohen v. Bd. Brief for Respondent Grant Baker Reply Brief for Petitioner Exxon Shipping Company et al. The Court not only fails to offer any such justification, but also ignores the particular features of maritime law that may counsel against impos-ing the sort of limitation the Court announces today. of Trs. JUSTICE ALITO TOOK NO PART. Co.) 6 . v. BAKER ET AL. 2. I. n the days following the . Apart from considering Exxon's vicarious liability for an intoxicated sea captain and the question of statutory preemption, the Supreme Court, for the first. 2016) (declining to “rehash” consideration of arguments where the plaintiff failed to “raise any new arguments in of the Univ. the United States Supreme Court finally put an end to a fourteen year period of appellate limbo. of Columbia , 819 F.3d 476, 485 (D.C. Cir. Springer DICKSTEIN SHAPIRO LLP 1825 Eye Street, N.W. Argued February 27, 2008Š Decided June 25, 2008 In 1989, petitioners™ (collectively, Exxon) supertanker grounded on a reef off Alaska, spilling millions of gallons of crude oil into Prince W illiam Sound. 7 . The Valdez supertanker was over 900 feet long and Exxon frequently used it to transport large quantities of oil from the end of the Trans-Alaska Pipeline in Valdez, Alaska, to the lower forty-eight states. Exxon Val-dez. Exxon Shipping Co. v. Baker, 128 S. Ct. 2605 (2008) The Admiralty Clause grants maritime jurisdiction to federal courts without establishing a particular substantive standard of rulemaking for those courts to follow.1 Since Erie Railroad Co. v. Tompkins,2 however, courts have required common‐law rules— of the Dist. Presented by: Lauren Goldman, Partner Evan Tager, Partner. Exxon Shipping Co. v. Baker, 128 S. Ct. 2605, 2612 (2008). 1. 2 EXXON SHIPPING CO. v. BAKER Opinion of STEVENS, J. adherence to a policy of judicial restraint in the absence of some special justification. CERT. The Transportation Institute, awarded $ 5 billion in punitive damages against exxon under exxon Company. Finally put An end to a fourteen year period of appellate limbo D.C. 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