Thursday, May 24th, 2007
The ADA and The Exxon Valdez
One of the factors in assessing the “reprehensibility” of a tortfeasor’s conduct, when setting punitive damages, is whether the conduct was intentionally malicious or a mere accident. In addressing this factor, the 9th Circuit, in In re The Exxon Valdez, 2007 WL 1490455 *22 (9th Cir. May 23, 2007), responded to Exxon’s ADA defense as […]