As reported on SCOTUSblog, Exxon Mobil has filed a petition for rehearing, asking the Ninth Circuit to reconsider its ruling that Exxon is responsible for its own costs on appeal ($70 million). Exxon argues that it should be treated as a prevailing party because it succeeded in eliminating 90% of the $5 billion punitive damages awarded by the jury.
As we noted yesterday, Exxon has decided not to challenge the Ninth Circuit’s determination that the plaintiffs are entitled to interest on the reduced punitive damages award dating back to the date of the original judgment.
SCOTUSblog has posted a copy of Exxon’s petition for rehearing or rehearing en banc.
