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Status Of The Exxon Valdez Oil Spill Litigation June 2007

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Page 1: Status Of The Exxon Valdez Oil Spill Litigation June 2007 · Exxon Valdez Oil Spill Litigation June 2007. Ninth Circuit’s May 23, 2007 Ruling ØDenied Exxon’s Petition For Rehearing

Status Of The

Exxon Valdez Oil Spill Litigation

June 2007

Page 2: Status Of The Exxon Valdez Oil Spill Litigation June 2007 · Exxon Valdez Oil Spill Litigation June 2007. Ninth Circuit’s May 23, 2007 Ruling ØDenied Exxon’s Petition For Rehearing

Ninth CircuitNinth Circuit’’s May 23, 2007 Rulings May 23, 2007 Ruling

Ø Denied Exxon’s Petition For Rehearing En Banc

Ø Punitive Damage Award Stands At $2.5 Billion

Ø With Interest Is About $4.6 Billion

Ø Judge Browning Agreed With Holland On $5 Billion

Ø Review Opinion Online: www.faegre.com

Page 3: Status Of The Exxon Valdez Oil Spill Litigation June 2007 · Exxon Valdez Oil Spill Litigation June 2007. Ninth Circuit’s May 23, 2007 Ruling ØDenied Exxon’s Petition For Rehearing

Ninth Circuit’s Opinion Denying En Banc:www.faegre.com

Page 4: Status Of The Exxon Valdez Oil Spill Litigation June 2007 · Exxon Valdez Oil Spill Litigation June 2007. Ninth Circuit’s May 23, 2007 Ruling ØDenied Exxon’s Petition For Rehearing

Missing Addresses Neededwww.faegre.com

Page 5: Status Of The Exxon Valdez Oil Spill Litigation June 2007 · Exxon Valdez Oil Spill Litigation June 2007. Ninth Circuit’s May 23, 2007 Ruling ØDenied Exxon’s Petition For Rehearing

What Happens Next?What Happens Next?

Ø Petition To US Supreme Court

Ø 90-day Deadline (August 21, 2007)

Ø 30 Days To Reply (September 21, 2007)

Ø Court Will Rule On Petition By End Of 2007

Ø Litigation Will Conclude By Next Summer

Page 6: Status Of The Exxon Valdez Oil Spill Litigation June 2007 · Exxon Valdez Oil Spill Litigation June 2007. Ninth Circuit’s May 23, 2007 Ruling ØDenied Exxon’s Petition For Rehearing

Petition to US Supreme CourtDeadline: 8/21/2007

Reply Deadline: 9/21/2007

Ninth Circuit’s Dec 2006 Opinion

What Happens Next?What Happens Next?

Petition Denied5/23/2007

Exxon Petitioned forRehearing En Banc 1/12/2007

Page 7: Status Of The Exxon Valdez Oil Spill Litigation June 2007 · Exxon Valdez Oil Spill Litigation June 2007. Ninth Circuit’s May 23, 2007 Ruling ØDenied Exxon’s Petition For Rehearing

Petition Denied

Ninth Circuit’s Dec 2006 Opinion

What Happens Next?What Happens Next?

Petition Denied5/23/2007

Exxon Petitioned forRehearing En Banc 1/12/2007

Petition to US Supreme CourtDeadline: 8/21/2007

Reply Deadline: 9/21/2007

Page 8: Status Of The Exxon Valdez Oil Spill Litigation June 2007 · Exxon Valdez Oil Spill Litigation June 2007. Ninth Circuit’s May 23, 2007 Ruling ØDenied Exxon’s Petition For Rehearing

Petition Denied

Ninth Circuit’s Dec 2006 Opinion

What Happens Next?What Happens Next?

Petition Denied5/23/2007

Exxon Petitioned forRehearing En Banc 1/12/2007

Supreme CourtDecision

File Briefs

Petition Granted

Oral Arguments

Petition to US Supreme CourtDeadline: 8/21/2007

Reply Deadline: 9/21/2007

Page 9: Status Of The Exxon Valdez Oil Spill Litigation June 2007 · Exxon Valdez Oil Spill Litigation June 2007. Ninth Circuit’s May 23, 2007 Ruling ØDenied Exxon’s Petition For Rehearing

Petition Denied

Ninth Circuit’s Dec 2006 Opinion

What Happens Next?What Happens Next?

Petition Denied5/23/2007

Exxon Petitioned forRehearing En Banc 1/12/2007

Funds Transferred to EQSF

Judge Holland Enters Final Judgment

Distribution of Funds to Fishermen

Supreme CourtDecision

File Briefs

Petition Granted

Oral Arguments

Petition to US Supreme CourtDeadline: 8/21/2007

Reply Deadline: 9/21/2007

Page 10: Status Of The Exxon Valdez Oil Spill Litigation June 2007 · Exxon Valdez Oil Spill Litigation June 2007. Ninth Circuit’s May 23, 2007 Ruling ØDenied Exxon’s Petition For Rehearing

A Bill Proposed To Help With Your TaxesA Bill Proposed To Help With Your Taxes

Bill # S.552 And H.R.1334 Reintroduced In CongressSpring 2007:

Ø To Help With Taxes On Your EVOS Payments

Ø Referred To The Committee On Finance And TheHouse Committee On Ways And Means

Ø Status: Pending

Ø Senators Murkowski, Stevens And RepresentativeYoung All Support The Bill

Page 11: Status Of The Exxon Valdez Oil Spill Litigation June 2007 · Exxon Valdez Oil Spill Litigation June 2007. Ninth Circuit’s May 23, 2007 Ruling ØDenied Exxon’s Petition For Rehearing

The BillThe Bill’’s Three Major Benefitss Three Major Benefits

Bill #S.552 andH.R. 1334Reintroduced in USSpring 2007

Status: Pending

(a) Income averaging of amounts received from theEVOS litigation (Jan 1, 1994 –Dec 31 of yearmoney is received)

(b) Increase contributions to retirement accounts

(c) Qualified settlement income would not be treatedas gross income derived from a trade or businessfor purposes of self employment tax

Contact your accountant or financial advisor regarding taxand financial management questions and details

Page 12: Status Of The Exxon Valdez Oil Spill Litigation June 2007 · Exxon Valdez Oil Spill Litigation June 2007. Ninth Circuit’s May 23, 2007 Ruling ØDenied Exxon’s Petition For Rehearing

www.senate.gov.

Page 13: Status Of The Exxon Valdez Oil Spill Litigation June 2007 · Exxon Valdez Oil Spill Litigation June 2007. Ninth Circuit’s May 23, 2007 Ruling ØDenied Exxon’s Petition For Rehearing

$2.5 Billion At 5.9% Interest$2.5 Billion At 5.9% Interest

As Of Dec 23, 2006:

As Of June 30, 2007:

As Of Dec 31, 2007:

$4.50 Billion

4.64 Billion

4.77 Billion

Interest Is Computed Daily AndCompounded Annually Until Exxon Pays

Total Amount

Page 14: Status Of The Exxon Valdez Oil Spill Litigation June 2007 · Exxon Valdez Oil Spill Litigation June 2007. Ninth Circuit’s May 23, 2007 Ruling ØDenied Exxon’s Petition For Rehearing

Estimating Your Future PaymentEstimating Your Future Payment

What is the ballpark amount I will receive from apunitive damage award?

Many factors, such as the final punitive damageaward, interest accrued, individual final percentshares, previous payments, and liens will effect youractual future payment.

We send your deckhands their own final percentshares and their own checks.

Page 15: Status Of The Exxon Valdez Oil Spill Litigation June 2007 · Exxon Valdez Oil Spill Litigation June 2007. Ninth Circuit’s May 23, 2007 Ruling ØDenied Exxon’s Petition For Rehearing

Estimating Your S03H Punitive Damage AwardEstimating Your S03H Punitive Damage Award

Award

Plus Interest

Subtotal

$ 2,500,000,000

2,196,729,731

4,696,729,731

Percent Allocated To S03H

Total Allocated To S03H

Example Final Percent Share*

Example Gross Total

15.192%

464,551,217

.1234560%

$ 573,516

*Your Final Percent Share Was Mailed To You In June 2002

Less 3% Case Management FeeReduction for Seattle SevenReduction For Native Corps

Costs Estimate

Remainder For Distribution

19.4% For Attorneys Fees

140,901,892501,141,062211,253,737

40,000,000

3,057,807,029

745,626,010

Page 16: Status Of The Exxon Valdez Oil Spill Litigation June 2007 · Exxon Valdez Oil Spill Litigation June 2007. Ninth Circuit’s May 23, 2007 Ruling ØDenied Exxon’s Petition For Rehearing

Estimating Your S04H Punitive Damage AwardEstimating Your S04H Punitive Damage Award

Award

Plus Interest

Subtotal

$ 2,500,000,000

2,196,729,731

4,696,729,731

Percent Allocated To S04H

Total Allocated To S04H

Example Final Percent Share*

Example Gross Total

6.250%

191,112,939

.0800000%

$152,890

*Your Final Percent Share Was Mailed To You In June 2002

Less 3% Case Management FeeReduction for Seattle SevenReduction For Native Corps

Costs Estimate

Remainder For Distribution

19.4% For Attorneys Fees

140,901,892501,141,062211,253,737

40,000,000

3,057,807,029

745,626,010

Page 17: Status Of The Exxon Valdez Oil Spill Litigation June 2007 · Exxon Valdez Oil Spill Litigation June 2007. Ninth Circuit’s May 23, 2007 Ruling ØDenied Exxon’s Petition For Rehearing

THANK YOU

FOR YOUR

PATIENCE!!!!!