Oleszkowicz v. Exxon Mobil Corp.


(La., filed both in support of review and on merits in Feb. and May 2014): Arguing that res judicata does not permit a plaintiff who sought and did not recover punitive damages in a previous suit for fear of cancer to later recover punitive damages stemming from the same conduct when he brings another suit after developing cancer.

Court ruled in favor of ATRA's position

Court accepted review after receiving amicus brief and then agreed with the Exxon/ATRA position, overturning a punitive damages award of over $2.3 million in December 2014

Latest News

View all news

More Work Remains on Tort Reform

This letter-to-the-editor was originally published by The Herald-Dispatch in Huntington, WV. West Virginia was a mainstay on the American Tort Reform Foundation’s “Judicial Hellholes®” list for nearly 20 years, finally […]