February 1, 2008

Chemerinsky Article About Impact of Upcoming Exxon Valdez Decision

Professor Erwin Chemerinsky has an article on the pending Exxon Valdez case in the January 2008 edition of Trial, a publication of the American Association for Justice. Not to be confused with the Justice League of America, the American Association of Justice is the group most recently known as the Association of Trial Lawyers of America.

Professor Chemerinsky's article predicts this case may result in a 4-4 split, since Justice Alito has recused himself from this case. He notes that Justices Scalia, Thomas, and Ginsberg have consistently dissented from the Court's prior decisions involving due process limitations on punitive damages awards. He also notes, however, that those prior dissents may have little relevance in Exxon Valdez because the Court declined to review the due process issue presented by Exxon's cert. petition.

We previously blogged about the possible impact of the Exxon Valdez opinion here. And we blogged about the surprising disparity between the number of plaintiffs' amicus briefs versus the number of defense amicus briefs here.