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A Contrarian View of Exxon Valdez

In Bleak House (1852-53), the cost of litigation exhausted the Jarndyce estate. In The Washington Post today, business columnist Steven Pearlstein offers a contrarian take on the capping of punitive damages as a matter of federal common law in Exxon Shipping Co. v. Baker, No. 07-219 (U.S. June 25, 2008). (Blawgletter post here.) In "Altering the Economics of Civil Litigation", Mr. Pearlstein opines that "the problem with court's decision in the Exxon case is not that it went too far in try
http://blawgletter.typepad.com/bbarnett/20…

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