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3/20/2007Cordova Meeting and Workshop Rescheduled
The March 11 meeting of the ORA Foundation was POSTPONED because the southbound jet cancelled. The NEW MEETING information is as follows.
The Oiled Regions of Alaska Foundation is holding a litigation update and financial planning workshop relating to the Exxon Valdez Oil Spill, Monday, March 26 from 11:30 a.m. to 3:00 p.m. in the Masonic Temple. The workshop is free and open to the public. Plaintiffs, individuals and nonprofit organizations are encouraged to attend. ORA Foundation is a community based foundation whose mission is to help mitigate the
effects of catastrophic disasters through educational support. For more information contact Patience at 424-7585 or Riki at 424-3915.
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The Oiled Regions of Alaska Foundation was formed to help southcentral Alaska towns and villages. We receive and distribute donated funds for charitable purposes that benefit communities and regions that were directly impacted by the Exxon Valdez oil spill of March 1989.
Thank You to the communities and organizations who contributed
to the success of the reopener claim. Both the State and U.S. Attorneys
General have requested further investigation and reparation from Exxon.
On December 22, 2006, the United States Court of Appeals for the Ninth Circuit issued its decision on Exxon's most recent appeal. District Court Judge H. Russel Holland had concluded that a punitive damages award of $4.5 billion was consistent with the due process clause of the United States Constitution. But the Ninth Circuit reduced that award to $2.5 billion, saying that number was the outer limit of what the Constitution allowed. The circuit's opinion was authored by Fairbanks, Alaska Judge Andrew Kleinfeld and the Circuit's Chief Judge, Mary Schroeder, of Phoenix. There was a dissenting opinion from Judge James Browning, of San Francisco, who concluded that the Constitution would allow the jury's original $5 billion award.
Exxon has now asked a larger group of Ninth Circuit judges to hear the case, a process called asking for "en banc" consideration. The panel solicited plaintiffs' response to Exxon's request, which was filed on March 2. We expect to hear from the circuit this spring as to whether en banc consideration will be granted. Plaintiffs' lawyers do not yet know whether the court will do so. Assuming the Ninth Circuit decides not to hear the case further, Exxon will have 90 days from the date the court says it is not going to hear an en banc petition to ask the United States Supreme Court to hear the case, a process called filing a "petition for certiorari." Plaintiffs will have 30 days to respond to any such petition.
With interest the $2.5 billion judgment, if it stands, is currently close to $4.5 billion. It is expected that over $3 billion will be available for distribution to claimants covered by the plan of allocation, after reductions for fees, after reductions for the "Seattle Seven" settlement, and after distributions for certain plaintiffs who receive a distribution outside the plan of allocation.
The Oiled Regions of Alaska Foundation was formed to help southcentral Alaska towns and villages. We receive and distribute donated funds for charitable purposes that benefit communities and regions that were directly impacted by the Exxon Valdez oil spill of March 1989.