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Louisiana Supreme Court

Case Status

Decided

Docket Number

2010-C-2605

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Louisiana Supreme Court rules on state prohibition of punitive damages

March 13, 2011

The Louisiana Supreme Court ruled that CITGO is not liable for punitive damages because the company's domicile for the purposes of this statute is the state of Louisiana.

U.S. Chamber files amicus brief

February 28, 2011

NCLC urged the Louisiana Supreme Court to review and reject a punitive damages award arising out of an oil spill and air release at one of CITGO’s Louisiana refineries. NCLC argued that Louisiana law explicitly forbids punitive damages unless they are authorized by the law of the state in which the injury occurred. Because Louisiana law does not permit punitive damages for this type of oil spill and the injuries occurred in Louisiana, the plaintiffs are not entitled to punitive damages. NCLC warned that allowing punitive damages under another state’s law will contravene Louisiana's strong public policy against punitive damages.

Previously, NCLC filed an amicus brief to support review.

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