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““Constitution” Necessary to Manage Plaintiffs’ CaseConstitution” Necessary to Manage Plaintiffs’ Case
Lead Counsel
Executive Committee
Discovery Team
Damages Team
Governmental Liaison Team
Liaison Counsel
Trial Team
PAC Team
AQSF & EQSF Administrator
Law Team
Complexity of LitigationComplexity of Litigation
Discovery Commenced in 1990
Continued through Trial
Over 1,000 Depositions/Over 2,500 Days
At least 200 Expert Depositions/Over 450 Days
• Over 10,000,000 Pages of Discovery
• Over 7,500 Filings
• Over 1,000 Motions
• Over 550 Discovery Adjudications
• Over 370 Numbered Orders
Complexity of Litigation - DiscoveryComplexity of Litigation - Discovery
• State and Federal Statutes ConflictState and Federal Statutes Conflict
• Federal Court vs State CourtFederal Court vs State Court
• Robins Dry DockRobins Dry Dock
• TAPAATAPAA
• Maritime LawMaritime Law
• Blood TestingBlood Testing
• Causation Causation
• Scientific and econometric evidence re: fisheries Scientific and econometric evidence re: fisheries
• Non-Economic damagesNon-Economic damages
• Compensatory damagesCompensatory damages
• Punitive damages Punitive damages
• Multiple appealsMultiple appeals
Scope and Complexity of Non-Discovery Motion Scope and Complexity of Non-Discovery Motion PracticePractice
Organizational and Procedural Challenges:
Tenders
Natives
Processors
Cannery Workers
Municipalities
Simultaneous State and Federal Cases
to Coordinate
Fishermen
Vessel Owners
Businesses
Spotter Pilots
Crew Members
Permit HoldersRemoval Jurisdiction of this Court
TAPAA Role in Claims Process
Direct and Class Action Plaintiffs
Multiple Categories of Plaintiffs
Mandatory Punitive Damages Class
Opt Out Classes
60 Different Plaintiff Law Firms
Landowners
Scope and Complexity of PretrialScope and Complexity of Pretrial
Witnesses: 155, including 36 Experts
Personnel Policies
Alcoholism
Seamanship
Coast Guard Rules
Fatigue
Multi-Phased Trial
Three Verdict Forms
Three Closing Arguments
Pages of Transcript: Over 7,700
Federal Trial
Innovative and Groundbreaking
What Happened
Seven Different Sets of Instructions
Two State Court Trials
Finance
Fish Biology
Fish Management
Economics
Ecology
Corporate Governance
Blood Test
Trial Exhibits Admitted: Plaintiff: 453 / Defendant: 656
Federal AppellateDecisions to Date: 18
Four Opening Statements
Punishment
Scope and Complexity of TrialScope and Complexity of Trial
Jury Was Able To Compare Exxon’s Congressional Statements
To What The Evidence Actually Showed
Scope of Issues:
First Time Entire Story Was Heard
Duration and Scope of LitigationDuration and Scope of Litigation
EVOS trial within 5 years
EVOS litigation is nearly 19 years old . . . and still ongoing . . .
Typical class actions: 5.1 years
Longest Ninth Circuit common
fund case is 13 years
1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008
1989
Mar 24: Exxon Valdez Oil Spill
Apr 26: 26 Complaints filed in District Court
Summer: Development of individualized claims begins
Sept: Plaintiffs’ motion for class certification
Dec 22: Pretrial Order 9 outlines organization of Plaintiffs’ Case Management Team
Mar - Dec: Judge Holland issued 20 written orders
1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008
1989
Duration and Scope of LitigationDuration and Scope of Litigation
1990 - 1994: Discovery commenced and continued through trial, producing millions of pages of documents
Sept 17, 1990 - Mar 25, 1991: Prepared and submitted claim forms to TAPL
1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008
1990
Duration and Scope of LitigationDuration and Scope of Litigation1990
1990 - 1994: Discovery continued through trial, producing millions of pages of documents
Sept 17, 1990 - Mar 25, 1991: Prepared and submitted claim forms to TAPL
Nov: Liability and Impact Teams established
1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008
1991
Duration and Scope of LitigationDuration and Scope of Litigation1991
1990 - 1994: Discovery continued through trial, producing millions of pages of documents
April: Order No. 47 - The court stayed motion practice (except for discovery matters).
June: Creation of TAPL fund determinations database by Plaintiffs--lasted several months
Sept - Oct: Preparation of first damages matrix for commercial fisheries
Nov: Compilation of individual claims database began, ultimately resulted in the POA and POD
1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008
1992
Duration and Scope of LitigationDuration and Scope of Litigation1992
1990 - 1994: Discovery continued through trial, producing millions of pages of documents
May: Order No. 143 - The court approved a case management plan that stayed issue-oriented dispositive motion practice except as to seven specific summary judgment motions. Exxon managed to file over 15 fact-based and legal-oriented motions for summary judgment in 1993, the first of which was a motion for Partial Summary Judgment on Claims for Punitive Damages Based on TAPAA Displacement of General Maritime Law.
Mar 1993 - 1994: Development of “All Plaintiffs’ Database”
Apr: Briefing in the Ninth Circuit re: Robins Dry Dock
May - Nov: Parties conducted expert depositions
Oct 21: Orders 158 & 159 denied Exxon’s summary judgment motions based on TAPPA foreclosing punitive damages claims and res judicata.
Oct 29: Settlement approved between Plaintiffs and Alyeska
Nov: The parties filed a Proposed Joint Trial Plan, in which Exxon identified 14 Issues of Law to be Resolved, seven concerned punitive damages, none contended that punitive damages were precluded by CWA.
1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008
1993
Duration and Scope of LitigationDuration and Scope of Litigation1993
1990 - 1994: Discovery continued through trial, producing millions of pages of documents
Mar 1993 - 1994: Development of “All Plaintiffs’ Database”
March: The parties filed the Third Amended Revised Trial Plan, which did not list displacement by the CWA as a legal issue in contention.
Jan: Plaintiffs responded to voluminous pre-trial motions
Jan: Solicitation for increased contributions to fund the litigation through trial
Apr 15: Final certification of mandatory punitive damage class
May 2: Phase I of the Federal Court trial began
June: The court approved the Third Amended Revised Trial Plan.
Sept 1: Close of evidence and time for judgment as a matter of law and motion
Sept 16: Phase III $5 Billion jury verdict
Sept 30: Deadline to file dispositive motions. Hazelwood filed 11 post-trial motions and Exxon filed 11 motions for a new trial and for judgment as a matter of law. None of Exxon’s motions contended that CWA displaced any of plaintiffs.
Nov: EQSF planning begins
1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008
1994
Duration and Scope of LitigationDuration and Scope of Litigation1994
Jan 17: Court issued 12 orders denying Exxon/Hazelwood’s post-trial motions
Feb 7: Exxon motions to depose jurors; adjust Phase IIA verdict; and reconsider order re: chum price & UCI setnetter harvest
June 13-14: Judge Holland conducted jury interviews
July 12: Exxon motion to depose Rita Wilson & Natalie Phillips
Sep 6: Exxon motion for a new trial claiming juror misconduct & coercion
Sep - Nov: Plaintiffs’ lawyers met with claimants re: damages matrix, POA, & distribution issues
Oct: Drafting of POA begins. Exxon filed Motion and Renewed Motion . . . for Judgment on Punitive Damages Claims pursuant to rules 49(a), 58(2), and to the extent they may be applicable pursuant to rules 50(b), 56(b), 56(d), 59(a), and 59(e).
Nov: The court denied Exxon’s request to lift the stay and file its motion IIA verdict.
Nov 13: Exxon opposed plaintiffs’ motion to finalize the Phase IIA verdict
1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008
1995
Duration and Scope of LitigationDuration and Scope of Litigation1995
Mar 18: Exxon motion for judgment. Seattle Seven, acting on Exxon’s behalf, objected to POA
May: POD drafting began
June 11: Order 317 approved POA & denounced Seattle Seven/Exxon scheme
June 18: Exxon motion to reconsider Court’s order re: Seattle Seven
Sept 11: Order 327 denied Exxon’s motion to reconsider order re: Seattle Seven
Sept 24: Judgment entered on $5 Billion jury verdict
Sept 30: Exxon and Seattle Seven filed joint appeal on Seattle Seven kickback
Oct 8: Exxon motion to alter or amend the judgment and filed its bill of costs against certain plaintiffs
1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008
1996
Duration and Scope of LitigationDuration and Scope of Litigation1996
Jan 17: Order on Exxon’s motion to amend judgment. Time to appeal began to run
Feb 12: Exxon appealed to Ninth Circuit
Feb - Mar: Continued development of POD
June 26: Exxon filed joint opening brief in the main appeal of In re: Exxon Valdez
Sept 23: Exxon motion for a new trial in District Court, based on juror misconduct and coercion
1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008
Duration and Scope of LitigationDuration and Scope of Litigation
1997
1997
Jan 5: Ninth Circuit stayed the proceedings; ordered a limited remand regarding Exxon’s motion for a new trial
Mar 16: Deposition of Rita Wilson
July 31: Order 339 denied Exxon’s second motion for a new trial
Aug 7: Exxon appealed to Ninth Circuit
Sept 11: Ninth Circuit granted the motion and briefing schedule set
1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008
Duration and Scope of LitigationDuration and Scope of Litigation
1998
1998
Jan - Dec: Processed over 20,000 claim forms, representing over 54,000 potential claims
May 3: Oral argument heard on consolidated appeals
Week of June 28: Meetings scheduled to update claimants
Aug: Exxon appealed order re: POD
1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008
1999
Duration and Scope of LitigationDuration and Scope of Litigation1999
Jan - Dec: Continued processing claim forms including over 9,000 Round II claims, representing over 15,000 potential claims
Jan 4: Response to Exxon’s appeal of the POD
Mar 16: Ninth Circuit denied Exxon’s appeal for a new trial based on alleged juror misconduct re: Rita Wilson
July 14: Exxon filed its petition for a writ of certiorari for a new trial
Oct 2: Supreme Court denied Exxon’s petition for cert
Nov 9: Ninth Circuit oral arguments re: Baker v. Exxon
1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008
Duration and Scope of LitigationDuration and Scope of Litigation2000
2000
Jan - Dec: Claims processing continued
Jan - Dec: PAC heard and resolved 650 appeals regarding final percent shares of distribution
Nov 7: Ninth Circuit vacated and remanded $5 billion punitive damages award in light of BMW v. Gore and Cooper Industries v. Leatherman Tool Group
1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008
Duration and Scope of LitigationDuration and Scope of Litigation2001
2001
Jan - Feb: Plaintiffs counsel continued work on briefing re: remand of punitive damages
June - July: State Court trial re: municipalities’ claims
July - Aug; Oct - Dec: Funds from supplemental claims, compensatory damages and compensatory interest mailed to numerous claimants
Oct 11: Oral arguments held in District Court re: punitive damages remand
Dec 9: Order 358 approved punitive damage award of $4 billion plus interest; and stated $5 billion award was constitutionally permissible
1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008
Duration and Scope of LitigationDuration and Scope of Litigation2002
2002
Apr - present: Supplemental claims, compensatory damages and interest on compensatory damages continues to be distributed; continue to process claims
June 12: Appellate briefing began to the Ninth Circuit regarding $4 billion punitive damages award
July 11: Tender claims settled short of September trial
Aug 22: Remand of punitive damage award in light of State Farm v. Campbell
Sept 1: PAC has ruled on over 1,000 appeals
Dec 3: Oral Argument in District Court re: punitive damages award
1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008
Duration and Scope of LitigationDuration and Scope of Litigation2003
2003
Ongoing: Supplemental claims, compensatory damages and interest on compensatory damages continues to be distributed; continue to process claims, estates, divorces, assignments and liens
Jan 28: Order No. 364 approved punitive damage award of $4.5 billion plus interest; and stated $5 billion award was constitutionally permissible
June 28: Exxon filed its opening brief with the Ninth Circuit
June - Nov: Briefings filed with the Ninth Circuit
1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 20082004
Duration and Scope of LitigationDuration and Scope of Litigation2004
Ongoing: Supplemental claims, compensatory damages and interest on compensatory damages continues to be distributed; continue to process claims, estates, divorces, assignments and liens
Sept: Plaintiffs filed a motion requesting the Ninth Circuit set a date for oral argument
1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 20082005
Duration and Scope of LitigationDuration and Scope of Litigation2005
Ongoing: Supplemental claims, compensatory damages and interest on compensatory damages continues to be distributed; continue to process claims, estates, divorces, assignments and liens
Jan 27: Ninth Circuit oral arguments on punitive damages re: Baker v. Exxon
Dec 22: Ninth Circuit’s ruling reducing punitive damages to $2.5 billion; Judge Browning dissents
1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 20082006
Duration and Scope of LitigationDuration and Scope of Litigation2006
Ongoing: Supplemental claims, compensatory damages and interest on compensatory damages continues to be distributed; continue to process claims, estates, divorces, assignments and liens
Jan 12: Exxon petitioned Ninth Circuit for panel rehearing and petition for rehearing en banc
Mar 2: At the Ninth Circuit’s request, Plaintiffs filed a response to Exxon’s petition for rehearing or rehearing en banc
May 23: Ninth Circuit rejected Exxon’s petition for rehearing and rehearing en banc
Aug 20: Exxon filed its petition for a writ of certiorari with the US Supreme Court
Aug 29: Plaintiffs filed a conditional cross petition for a writ of certiorari
Sept 21: Plaintiffs filed its brief in opposition
Oct 1: Exxon filed its brief in opposition to Plaintiffs’ conditional cross petition
Oct 9: Plaintiffs filed its reply brief for a conditional cross petition
Oct 12: Exxon filed its reply brief in support of its petition for a writ of certiorari
Oct 26: US Supreme Court conference to review petitions to issue an order to grant or deny them
Oct 29: US Supreme Court granted in part the petition for writ of certiorari
Dec 17: Exxon filed its brief on the merits with the US Supreme Court
Dec 26: Amicus curiae briefs filed on behalf of Exxon 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008
2007
Duration and Scope of LitigationDuration and Scope of Litigation2007
Ongoing: Supplemental claims, compensatory damages and interest on compensatory damages continues to be distributed; continue to process claims, estates, divorces, assignments and liens
Jan 22: Plaintiffs filed its brief on the merits with the US Supreme Court
Jan 29: Amicus curiae briefs filed on behalf of Plaintiffs
Feb 18: Exxon filed its reply on the merits with the US Supreme Court
Feb 27: Oral Arguments schedule before the US Supreme Court
June: US Supreme Court will issue their opinion by the end of June 2008
1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 20082008
Duration and Scope of LitigationDuration and Scope of Litigation2008
Plaintiffs’ counsel maintains regular contact with claimants via 800 numbers, local meetings, letters, and websites
Individual relationship maintained with 32,000 claimants
1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003
2004 2005 2006 2007
Duration and Scope of LitigationDuration and Scope of Litigation
1989 - 2008
2008
Litigation is nearly 19 years old . . . and still ongoing . . .
Still upcoming . . .
Duration and Scope of LitigationDuration and Scope of Litigation
1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008
Oral ArgumentsFebruary 27, 2008
Supreme Court DecisionBy End Of June 2008
Recommended