II 111th CONGRESS 2d Session S. 3345 IN THE SENATE OF THE UNITED STATES May 11, 2010 Mr. Whitehouse (for himself, Mr. Menendez, and Mr. Leahy) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend title 46, United States Code, to remove the cap on punitive damages established by the Supreme Court in Exxon Shipping Company v. Baker.

1.

Short title

This Act may be cited as the Big Oil Polluter Pays Act.

2.

Findings

Congress finds that— (1)in the case styled Exxon Shipping Co. v Baker, 128 S. Ct. 2605 (2008), the Supreme Court held that when reviewing jury awards for punitive damages under maritime law, courts should limit the punitive-to-compensatory damages ratio to 1:1; (2)in that decision, the Court conceded that discretion to award punitive damages has not mass-produced runaway awards, and although some studies show the dollar amounts of punitive-damages awards growing over time, even in real terms, by most accounts the median ratio of punitive-to-compensatory awards has remained less than 1:1; (3)district and appellate courts have the authority under common law to reduce excessively large punitive awards; and (4)punitive damages serve to punish reckless or worse behavior, deter future similar offenses, and compensate for intangible injuries that would not otherwise be available to 1 or more plaintiffs.

3.

Removal of cap for maritime punitive damages

(a)

In general

Chapter 301 of title 46, United States Code, is amended by adding at the end the following:

30107.

Punitive damages in maritime law

In a civil action for damages arising out of a maritime tort, punitive damages may be assessed without regard to the amount of compensatory damages assessed in the action.

. (b)

Conforming Amendment

The analysis for chapter 301 of title 46, United States Code, is amended by adding at the end the following: Sec. 30107. Punitive damages in maritime law. .