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News and Information

NOTICE: It has come to our attention that the Exxon Qualified Settlement Fund website may have been used in an unauthorized manner regarding the giving away money to randomly selected email addresses. Please note that www.exspill.com is for the exclusive use of claimants in the Exxon Valdez Oil Spill, and the only payments being made to claimants are as authorized by the Court. Any unauthorized use of this IP address is strictly prohibited.


Recent News

August 1, 2013: Plaintiffs’ Counsel Files Application Requesting Permission to Make One More Distribution to Underpaid Claimants

On August 1, 2012, Plaintiffs’ Counsel filed a motion with the court requesting permission to distribute approximately $3.4 million in reserved EQSF and AQSF funds to more than 5,000 claimants who remain underpaid relative to their target allocations. The result of this request will bring all claimants up to 98.8102% of their target allocations and exhaust previously reserved settlement proceeds. This release will impact underpaid claimants in the following claims categories:

  • Cannery Worker
  • Business
  • Processors
  • C06E
  • G34E
  • L12E
  • L21E
  • L21E
  • M01E
  • M01H
  • P07E
  • P09E
  • S01K
  • S04E
  • Tender
  • Native Opt Out

Additionally, due to the cost of administering small claim amounts, the motion requests permission to pay only claimants who would be entitled to more than a total of $10 (ten dollars). A listing by claim category of eligible claimants and the proposed gross dollar amounts for the claimants who would qualify for this distribution can be viewed here. An alphabetical list of claimants and their claims can be viewed here.

January 31, 2013: The EQSF Issues 2012 1099s

The EQSF has mailed out 1099-MISC and 1099-INT forms to claimants and lien agents who had reportable income for calendar year 2012. According to IRS regulations, the EQSF does not issue 1099s to claimants who received less than $600 or to claimants who are corporations.

Please note that the EQSF is unable to provide tax advice. You should contact a tax professional with any questions regarding the preparation and filing of your income tax return(s).

June 1, 2012: EQSF Continues Search for Missing Claimants

On May 31, 2012 the EQSF used a program set up through the Internal Revenue Service to forward a letter to claimants for whom the EQSF is holding litigation proceeds, but for whom we do not have an accurate mailing address. If you received this letter and wish to claims your award from the EQSF, please contact us by any one of the following methods:

1. Call us at (800) 397-7455 and leave a detailed message on our voicemail box with your name, the last 4 digits of your Social Security number or your Master Identification number (if known), your phone number(s), your mail address, and any email address if you have one;

2. Send us a letter to the address at the top of this letter, and provide us with your name, the last 4 digits of your Social Security number or your Master Identification number (if known), your phone number(s), your mail address, and any email address if you have one; or

3. Send us an email at exspill@kellerrohrback.com, and provide us with your name, your phone number(s), your mail address, and any email addresses we can use to reach you.

One of our staff will thereafter contact you to tell you how large the award is that we are holding for you, and approximately how long it will take to send it to you.

February 29, 2012: The EQSF Issues 1099s

The EQSF has mailed out 1099-MISC and 1099-INT forms to claimants and lien agents who had reportable income for calendar year 2011. According to IRS regulations, the EQSF does not issue 1099s to claimants who received less than $600 or to claimants who are corporations.

Please note that the EQSF is unable to provide tax advice. You should contact a tax professional with any questions regarding the preparation and filing of your income tax return(s).

January 23, 2012: Regarding the Issuance of 2011 1099s

Due to the large number of claimants who received reportable income during the 2011 calendar year, the EQSF has requested and been granted an extension from the Internal Revenue Service (IRS) on mailing 2011 1099-MISC and 2011 1099-INT forms. Per IRS regulations, the EQSF does not issue 1099s to claimants who received less than $600 or to claimants who are corporations. The EQSF anticipates that all 1099s for amounts transferred to claimants in 2011 will be mailed on or before the last day of February and will update this website when 1099s actually mail.

Please note that the EQSF is unable to provide tax advice. You should contact a tax professional with any questions regarding the preparation and filing of your income tax return(s).

December 21, 2011: EQSF Begins 24th & 25th Application Payments, Completes 2011 Distributions, and Other Year End News

During the past three weeks, the EQSF Administrator has initiated payment of over $5.011m (gross) and processed over 2300 payments. The majority of the payments were those included on the 24th and/or 25th Applications. However, due to the need to close its books for calendar year 2011, the EQSF will not be able to issue any other payments until January 2012.

The 24th and 25th Applications were the final applications for any and all valid claims filed with the Exxon Qualified Settlement Fund. The EQSF will continue to make approved claim payments as liens against, and locations of, claimants are resolved.

Additionally, the EQSF and AQSF will be issuing 1099 tax forms to claimants and lien agents that received reportable income during the 2011 tax year. 1099's will be mailed before March 1, 2012. Please note that the EQSF is unable to provide tax advice. You should contact a tax professional with any questions regarding the preparation and filing of your income tax return(s).

Finally, for those who contact the EQSF between now and the first week of January, please note that we will have a reduced number of staff available to respond due to the holidays. We will, however, continue to post new information as it becomes available.

December 1, 2011: Judge Holland Approves the 24th Application With the Court

Judge Holland has issued and order approving the Twenty-Fourth Application for distribution of funds from the EQSF. To view a copy of the order, click here. For more information regarding the Twenty-Fourth Application, please refer to our November 7, 2011 posting.

November 30, 2011: Judge Holland Approves the Twenty-Fifth Application

Judge Holland has issued an order approving Lead Counsel's Twenty-Fifth Application regarding claimants who received less than 90% of their target allocations. To view a copy of the order, click here. For more information regarding the Twenty-Fifth Application, please refer to our November 7, 2011 posting.

November 16, 2011: The EQSF Completes 23rd Application Payments

The EQSF initiated direct deposits and checks have been mailed for approximately 669 claims from the 23rd Application. The Administrator has now processed all payments on claims that can be processed from the 23rd Application at this time. Approximately 830 payments in total were processed during this check release. For more information on the 23rd Application, please refer to our October 10, 2011 posting.

November 9, 2011: Judge Holland Approves the Twenty-Third Application

Judge Holland has issued an order authorizing the EQSF / AQSF Administrator to begin making payments to Halibut claimants and the Recreational Use Trust. To view a copy of the order click here. Due to the number of claims, it may take a period of several weeks before all 23rd Application payments are made and we will update this web site accordingly. For more information on the 23rd Application, please refer to our October 10, 2011 posting.

November 7, 2011: Plaintiffs’ Counsel File the 24th Application with the Court

On November 4, 2011, lead counsel filed with the court the Twenty-Fourth Application for the distribution of funds from the EQSF. This application is for all of the remaining claims that have not been approved by the Court for distribution through any of the first twenty-three applications. The majority of the claims appearing on this application are those claims where a claim has been impaired, preventing inclusion on prior applications. The 24th Application consists of over 3000 claims in 31 claim categories in the gross amount of $2,940,864.99.

This application seeks Court authority to turn over funds, for claimants and lien agents, to the last known state of residency after a mandatory holding period. While the EQSF will continue to make efforts to locate missing / impaired claims, and process payments for at least another 18 months. The EQSF currently anticipates turning over all unclaimed funds for all persons prior to year-end 2013 (contingent upon Court approval).

A copy of lead counsel’s application can be seen here. A copy of the EQSF Administrator’s declaration can be seen here.

The various exhibits included on the 24th Application organize the currently non-fully paid claimants and lien agent claims as follows:

  • Exhibits A describes claimants in the 31 claim categories who have been subject to at least one prior application and remain non-fully paid. Exhibit A also describes how these claims currently stand to be divided between the claimant and any established lien-holders. Exhibit A is broken down into the following subsections:

    A-1 lists all of the above described claimants as well as how their unpaid claims stand to be divided between the claimant and lien-holders
    A-2 lists the claimants described in A-1 who are scheduled to receive a portion of their award directly
    A-3 lists the lien-holders who are scheduled to receive a portion of the claims listed in A-1

  • Exhibits B describes claimants in the 31 claim categories who have not been included on any prior applications due to some known impairment. Exhibit B is broken down by type of distribution in the following subsections:

    B-1 covers allocations relating to the Combined Compensatory Damages
    B-2 covers allocations relating to the Punitive Damages Principal
    B-3 covers allocations relating to the Punitive Damages Interest
    B-4 covers allocations relating to the Final Distribution
    B-5 summarizes all allocations in B-1 through B-4 into a single list.

  • Exhibit C: Summarizes all claimants and lien agents listed on the A & B Exhibits, ranking from largest to lowest unpaid amounts, and lists the last known state of residence.

  • Exhibit D: Summarizes the remaining unpaid amount for all claimants and lien agents by jurisdiction

  • Exhibit E: Summarizes the remaining unpaid amount for claimants represented by a Direct Action firm.

  • Exhibit F: Summarizes the remaining unpaid amount of claimants and lien agents grouped in tiers upon the total remaining amount

November 7, 2011: Plaintiffs’ Counsel File the 25th Application with the Court pertaining to claimants who have received less than 90% of their target allocations

On November 4, 2011, lead counsel filed with the court the Twenty-Fifth Application for the distribution of funds from the EQSF. This distribution application was brought in response to the Court’s request in connection with the Court’s December 1, 2010 ruling regarding claimants who have received less than their target allocations. A copy of lead counsel’s application can be seen here. A copy of the EQSF Administrator’s declaration can be seen here.

October 17, 2011: The EQSF Completes 22nd Application Payments

The EQSF initiated direct deposits and checks are being printed and mailed for approximately 562 claims totaling more than $2.286 million (gross) from the 22nd Application. The Administrator has now processed all payments on claims that can be processed from the 22nd Application at this time. Approximately 2000 payments in total were processed during this check release. For more information on the 22nd Application, please refer to our September 1, 2011 posting.

October 10, 2011: Lead Counsel Files 23rd Application With the Court

On October 7, 2011, lead counsel filed with the court a twenty-third application for the distribution of funds from the EQSF and AQSF claims programs to claimants in the Halibut and Recreational Use claim categories. The 23rd application consists of 738 Halibut claims in the gross amount of $42,462.33 and $163,334.15 for the Recreational Use claim category. A copy of lead counsel’s application can be seen here. A copy of the EQSF Administrator’s declaration can be seen here.

The following Exhibits detail the various claimants included in the 23rd Application by type of distribution.

  • Exhibit A covers the gross amounts of the total allocations claimants with lost income claims in the Halibut claim category.
  • Exhibit B covers the gross amounts of the total allocations to claimants with damaged-gear claims in the Halibut claim category.
  • Exhibit C covers the gross amounts for the Recreational Use claim category from the AQSF claims program.
  • Exhibit D covers gross amounts for the Recreational Use claim category from the EQSF claims program.

September 27, 2011: The EQSF Begins Making Twenty-Second Application Payments

Today, EQSF initiated direct deposits and checks are in the process of being printed and mailed for approximately 57 claims totaling $0.529 million (gross) from the 22nd Application. Additionally, check reissues continue to be processed on a rolling basis. Approximately 200 payments were processed during this check release. Due to the complexity of processing claims payments, it will take a number of weeks to complete the remaining payments for those claims included on the 22nd Application. We will update this website as additional payments are released. For more information on the 22nd Application, please refer to our September 1, 2011 posting.

September 19, 2011: Judge Holland Approves the Twenty-Second Application to Distribute Punitive Damage Funds to Multiple Claim Categories

Judge Holland has issued an order authorizing the EQSF Administrator to begin the final distribution of claims to the claimants listed on exhibits A through D of the 22nd Application. To view a copy of the order click here. Due to the large number of claims, it will take a period of several weeks before all 22nd Application payments are made and we will update this web site accordingly. For more information on the 22nd Application, please refer to our September 1, 2011 posting.

September 12, 2011: The EQSF Completes 21st Application Payments

The EQSF initiated direct deposits and checks are being printed and mailed for approximately 539 claims totaling more than $2.084 million (gross) from the 21st Application. The Administrator has now processed all payments on claims that are able to be paid from the 21st Application at this time. Approximately 1800 payments in total were processed during this check release. For more information on the 21st Application, please refer to our July 18, 2011 posting.

September 1, 2011: Lead Counsel Files 22nd Application With the Court

On August 29, 2011, lead counsel filed with the court a twenty-second application for the distribution of funds in various categories on 733 claims in the gross amount of more than $2.89 million. A copy of lead counsel’s application can be seen here. A copy of the EQSF Administrator’s declaration can be seen here.

The 22nd application is the final of three applications necessary to cover the claimants who have a payment that must be made to multiple lien holders. The 22nd application also covers claimants who had some impediment to distribution in a prior application but for whom the impediment is now resolved.

The following Exhibits detail the various claimants included in the 22nd Application by type of distribution.

  • Exhibit A covers allocations relating to the Combined Compensatory Damages (the Supplemental, Compensatory Damages, and Compensatory Interest).
  • Exhibit B covers allocations relating to the Punitive Damages Principal
  • Exhibit C covers allocations relating to the Punitive Damages Interest
  • Exhibit D covers allocation relating to the Final Distribution.

August 26, 2011: The EQSF Completes 20th Application Payments; Begins Processing 21st Application Payments

The EQSF is in the process of initiating direct deposits and checks are being printed and mailed for approximately 557 claims totaling more than $1.442 million (gross) from the 20th Application. The Administrator has now processed all payments on claims that are able to be paid from the 20th Application at this time. For more information on the 20th Application, please refer to our June 30, 2011 posting.

Additionally, EQSF has processed payment on approximately 256 claims totaling more than $1.190 million (gross) from the 21st Application. Approximately 2000 payments in total were processed during this check release. For more information on the 20th Application, please refer to our July 18, 2011 posting.

August 10, 2011: Judge Holland Approves the Twenty-First Application to Distribute Punitive Damage Funds to Multiple Claim Categories

Judge Holland has issued an order authorizing the EQSF Administrator to begin the final distribution of claims to the claimants listed on exhibits A through D of the 21st Application. To view a copy of the order click here. Due to the large number of claims, it will take a period of several weeks before all 21st Application payments are made. We will begin processing 21st application claims as soon as we complete issuing 20th application claims and will update this web site, accordingly. For more information on the 21st Application, please refer to our July 18, 2011 posting.

July 18, 2011: Lead Counsel Files 21st Application With the Court

On July 15, 2011, lead counsel filed with the court a twenty-first application for the distribution of funds in various categories on 826 claims in the gross amount of more than $3.380 million. A copy of lead counsel’s application can be seen here. A copy of the EQSF Administrator’s declaration can be seen here.

The 21st application is the second of three anticipated applications that will be necessary to cover the claimants who have a payment that must be made to multiple lien holders. The 21st application also covers claimants who had some impediment to distribution in a prior application but for whom the impediment is now resolved.

The following Exhibits detail the various claimants included in the 21st Application by type of distribution.

Exhibit A covers allocations relating to the Combined Compensatory Damages (the Supplemental, Compensatory Damages, and Compensatory Interest).
Exhibit B covers allocations relating to the Punitive Damages Principal
Exhibit C covers allocations relating to the Punitive Damages Interest
Exhibit D covers allocation relating to the Final Distribution.

July 18, 2011: The EQSF Begins Making Twentieth Application Payments

The EQSF has initiated direct deposits and checks are in the process of being printed and mailed for approximately 227 claims totaling more than $0.466 million (gross) from the 20th Application. Additionally, EQSF has initiated payment on approximately 300 claims totaling more than $1.105 million (gross) from prior applications. These payments were for claims that had been approved by the Court but held due to a variety of impairments. With these payments, the EQSF has made all original payments from all prior applications that it is currently able to make. Check reissues continue to be processed on a rolling basis. Approximately 1800 payments were processed during this check release. For more information on the 20th Application, please refer to our June 30, 2011 posting.

July 12, 2011: The EQSF Completes Making Nineteenth Application Payments

Over the past week, the EQSF has completed processing payments associated with the 19th Application. The EQSF has initiated direct deposits and checks were printed and mailed for approximately 507 claims totaling more than $2.664 million (gross) from the 19th Application. Additionally, check reissues continue to be processed on a rolling basis. Approximately 1100 payments were processed during this check release. The Administrator has now initiated all payments on claims that are able to be paid from the 19th Application at this time. For more information on the 19th Application, please refer to our May 4, 2011 posting.

July 1, 2011: The EQSF Continues Making Nineteenth Application Payments

The EQSF has completed direct deposits and has begun the process of printing and mailing checks for approximately 1651 claims totaling more than $7.755 million (gross) from the 19th Application. Checks began mailing today and will continue mailing next week.

Additionally, check reissues continue to be processed on a rolling basis. In total, approximately 3037 payments have been processed during this check release. We will update this website as additional payments are released and the 19th application payments are completed. For more information on the 19th Application, please refer to our May 4, 2011 posting.

June 30, 2011: Judge Holland Approves the Twentieth Application to Distribute Punitive Damage Funds to Multiple Claim Categories

Judge Holland has issued an order authorizing the EQSF Administrator to begin the final distribution of claims to the claimants listed on exhibits A through D of the 20th Application. To view a copy of the order click here. Due to the large number of claims, it will take a period of several weeks before all 20th Application payments are made. We will update this web site, accordingly. For more information on the 20th Application, please refer to our June 8, 2011 posting.

June 8, 2011: Lead Counsel Files 20th Application With the Court

On June 8, 2011, lead counsel filed with the court a twentieth application for the distribution of funds in various categories on 784 claims in the gross amount of more than $1.9 million. A copy of lead counsel’s application can be seen here. A copy of the EQSF Administrator’s declaration can be seen here.

The 20th application is the first of three anticipated applications that will be necessary to cover the claimants who have a payment that must be made to multiple lien holders. The 20th application also covers claimants who had some impediment to distribution in a prior application but for whom the impediment is now resolved.

The following Exhibits detail the various claimants included in the 20th Application by type of distribution.

  • Exhibit A covers allocations relating to the Combined Compensatory Damages (the Supplemental, Compensatory Damages, and Compensatory Interest).
  • Exhibit B covers allocations relating to the Punitive Damages Principal
  • Exhibit C covers allocations relating to the Punitive Damages Interest
  • Exhibit D covers allocation relating to the Final Distribution.

We will update this website upon approval of the nineteenth application by Judge Holland.

June 3, 2011: The EQSF Begins Making Nineteenth Application Payments

This week, the EQSF started processing the first of several payment releases associated with the 19th Application. The EQSF initiated direct deposits and checks are in the process of being printed and mailed for approximately 563 claims totaling slightly less than $1 million (gross) from the 19th Application. Additionally, check reissues continue to be processed on a rolling basis. Approximately 900 payments were processed during this check release. Due to the complexity of processing claims payments, it will take a number of weeks to complete the remaining payments for those claims included on the 19th Application. We will update this website as additional payments are released. For more information on the 19th Application, please refer to our May 4, 2011 posting.

May 25, 2011: Judge Holland Approves the Nineteenth Application to Distribute Punitive Damage Funds to Multiple Claim Categories

Judge Holland has issued an order authorizing the EQSF Administrator to begin the final distribution of claims to the claimants listed on exhibits A through D of the 19th Application. To view a copy of the order click here. Due to the large number of claims, it will take a period of several weeks before all 19th Application payments are made. We will update this web site, accordingly. For more information on the 19th Application, please refer to our May 4, 2011 posting.

May 23, 2011: The EQSF Completes Making Eighteenth Application Payments

Over the past week, the EQSF has completed processing payments associated with the 18th Application. The EQSF has initiated direct deposits and checks were printed and mailed for approximately 1352 claims totaling more than $3.581 million (gross) from the 18th Application. The majority of payments processed were for those claimants that required either mandatory or voluntary withholding to be applied to their claims. Further, the EQSF has remitted all withholding to the IRS. Additionally, check reissues continue to be processed on a rolling basis. Approximately 5400 payments were processed during this check release. The Administrator has now initiated all payments on claims that are able to be paid from the 18th Application at this time. For more information on the 18th Application, please refer to our February 24, 2011 posting.

May 17, 2011: The EQSF Continues Making Eighteenth Application Payments

Over the past weeks, the EQSF has initiated direct deposits and mailed checks for approximately 1561 claims totaling more than $3.853 million (gross) from the 18th Application. The majority of payments were made to the IRS pursuant to levies filed against particular claimants. Additionally, check reissues continue to be processed on a rolling basis. In total, approximately 5700 payments have been processed since our last web post. We will update this website as additional payments are released. For more information on the 18th Application, please refer to our February 24, 2011 posting.

May 4, 2011: Lead Counsel Files 19th Application With the Court

On May 3, 2011, lead counsel filed with the court a nineteenth application for the distribution of funds in various categories on 2767 claims in the gross amount of more than $11.4 million. A copy of lead counsel’s application can be seen here. A copy of the EQSF Administrator’s declaration can be seen here.

The 19th application primarily covers claimants that have a single payment which must be made to an individual lien holder other than those who were covered in the 17th or 18th applications. The 19th application also covers claimants who had some impediment to distribution in a prior application but for whom the impediment is now resolved.

The following Exhibits detail the various claimants included in the 19th Application by type of distribution.

  • Exhibit A covers allocations relating to the Combined Compensatory Damages (the Supplemental, Compensatory Damages, and Compensatory Interest).
  • Exhibit B covers allocations relating to the Punitive Damages Principal
  • Exhibit C covers allocations relating to the Punitive Damages Interest
  • Exhibit D covers allocation relating to the Final Distribution.

We will update this website upon approval of the nineteenth application by Judge Holland.

April 20, 2011: The EQSF Begins Making Eighteenth Application Payments

Over the past week, the EQSF started processing the first of several payment releases associated with the 18th Application. The EQSF initiated direct deposits and checks were printed and mailed for approximately 728 claims totaling more than $2.044 million (gross) from the 18th Application. Additionally, check reissues continue to be processed on a rolling basis. Approximately 2272 payments were processed during this check release. Due to the complexity of processing claims payments, it will take a number of weeks to complete the remaining payments for those claims included on the 18th Application. We will update this website as additional payments are released. For more information on the 18th Application, please see our February 24, 2011 posting.

April 8, 2011: The EQSF Completes Issuance of Seventeenth Application Payments

Over the past two weeks, the EQSF Administrator has processed more than 3300 payments totaling more than $4.082 million (gross) on claims from the 17th Application. This was the final release of payments from the 17th Application. Additionally, the Administrator continues to make reissue payments on a rolling basis. More than 1000 payments have been processed during this check release. The Administrator has now initiated all payments on claims that are able to be paid from the 17th Application at this time.  For more information on the 17th Application, please refer to our February 11, 2011 posting.

March 21, 2011: Judge Holland Approves the Eighteenth Application to Distribute Punitive Damage Funds to Multiple Claim Categories

Judge Holland has issued an order authorizing the EQSF Administrator to begin the final distribution of claims to the claimants listed on exhibits A through D of the 18th Application. To view a copy of the order click here. Due to the large number of claims, it will take a period of several weeks before all 18th Application payments are made. We will update this web site, accordingly. For more information on the 18th Application, please refer to our February 24, 2011 posting.

February 28, 2011: The EQSF Issues 1099s

The EQSF has mailed out 1099-MISC and 1099-INT forms to the approximately 15,600 claimants and 1,400 lien agents who had reportable income for calendar year 2010. According to IRS regulations, the EQSF does not issue 1099s to claimants who received less than $600 or to claimants who are corporations. As reported on our post dated February 9, 2010 , the IRS has confirmed that punitive damages principal, punitive damages interest and the final distribution are to be reported on 1099-MISC forms as "other income."

Please note that the EQSF is unable to provide tax advice. You should contact a tax professional with any questions regarding the preparation and filing of your income tax return(s).

February 24, 2011: Lead Counsel Files 18th Application With the Court

On February 23, 2011, lead counsel filed with the court an eighteenth application for the distribution of funds in various categories on 8366 claims in the gross amount of more than $9.76 Million. A copy of lead counsel’s application can be seen here. A copy of the EQSF Administrator’s declaration can be seen here.

The 18th application primarily covers claimants that have a single payment which must be made to the IRS and not other liens. The 18th application also covers claimants who had some impediment to distribution in a prior application but for whom the impediment is now resolved.

The following Exhibits detail the various claimants included in the 17th Application by type of distribution.

  • Exhibit A covers allocations relating to the Combined Compensatory Damages (the Supplemental, Compensatory Damages and Compensatory Interest).
  • Exhibit B covers allocations relating to the Punitive Damages Principal.
  • Exhibit C covers allocations relating to the Punitive Damages Interest.
  • Exhibit D covers allocations relating to the Final Distribution.
We will update this website upon approval of the seventeenth Application by Judge Holland.

February 22, 2010: The EQSF Begins Making Seventeenth Application Payments & 1099 Mailing Update

The EQSF has initiated direct deposits and is in the process of printing and mailing checks for approximately 771 claims totaling more than $3.165 million (gross) from the 17th Application. Approximately 2730 payments were processed during this check release. This initial release represents more than half of the payments approved by the Court in the 17th Application. However, due to the complexity of processing claims payments, it will take a number of weeks to complete the remaining payments. We will update this website as additional payments are released. For more information on the 17th Application, please see our February 11, 2011 posting.

Additionally, the EQSF is in the process of printing and mailing over 17,000 individual 2010 1099s. Due to the large number of claimants who received reportable income during the 2010 calendar year, the EQSF expects to mail 1099-MISC and 1099-INT forms by February 28, 2011, at the latest. According to IRS regulations, the EQSF will not issue 1099s to claimants who received less than $600 or to claimants who are corporations. Once 1099s are actually mailed, we will update this website.

Please note that the EQSF is unable to provide tax advice. You should contact a tax professional with any questions regarding the preparation and filing of your income tax return(s).

February 11, 2011: Judge Holland Approves the Seventeenth Application to Begin the Final Distribution

Judge Holland has issued an order authorizing the EQSF Administrator to begin the final distribution of claims to the claimants listed on exhibits A through F of the 17th Application. To view a copy of the order click here. Due to the large number of claims, it will take a period of several weeks before all 17th Application payments are made. We will update this web site, accordingly. For more information on the 17th Application, please refer to our January 20, 2011 posting.

February 7, 2011: EQSF No Longer Accepting New Direct Deposit Requests

Because the EQSF is in the final stages of the claims distribution process, it will no longer be accepting new Direct Deposit requests. Thank you to all who made this program a success. Claimants who have not signed up for direct deposit will receive any future distributions by way of paper check via US Mail. Please note that this change will NOT affect those who have previously signed-up for our direct deposit program. Claimants who have previously been approved for direct deposit will continue to receive their claim payments via direct deposit.

Please note that the EQSF is unable to provide tax advice. You should contact a tax professional with any questions regarding the preparation and filing of your income tax return(s).

January 24, 2011: EQSF Asks For Help In Locating Particular Claimants

The following is a list of names of those EQSF claimants who have issues needing resolution on their claims, but who the EQSF is currently unable to locate or contact. As a result, any EQSF settlement proceeds due to be paid on their claims are on HOLD. Such issues include:

  • Bad Address
  • Unverified SSN or Tax Payer Identification Number
  • Estate Documents Needed
  • Never Completed / Invalid W-9 on File
  • Unsigned Certification Page

If you are on this list, or you think you recognize someone who is on this list and can tell us a good way to contact that person (or a representative of her/his estate), please call the EQSF at 1-800-EXSPILL (1-800-397-7455) or contact us at http://exspill.com/ContactUs/tabid/1907/Default.aspx. We will update this list on a periodic basis, and urge you to pass it on to any other person or entity that might be able to help us get in contact with these claimants. Thank you for your assistance.

TO SEE THE LIST OF MISSING CLAIMANTS, CLICK HERE.

January 20, 2011: Lead Counsel Files 17th Application With the Court

On January 19, 2011, lead counsel filed with the court a seventeenth application for the distribution of funds in various categories on 4118 claims in the gross amount of more than $7.427 Million. A copy of lead counsel’s application can be seen here. A copy of the EQSF Administrator’s declaration can be seen here.

The 17th application covers claimants primarily in four different categories (1) claimants who have a lien as a result of a bankruptcy proceeding (2) claimants who have a single lien owed to the State of Alaska’s Commercial Fisheries Aquaculture Bank or Division of Investments; (3) claimants who have a single lien owed to a child support enforcement agency in Alaska or elsewhere; and (4) claimants who had some impediment to distribution in a prior application, but for whom the impediment is resolved.

The following Exhibits detail the various claimants included in the 17th Application by type of distribution.

  • Exhibit A covers claimants receiving combined compensatory damages (Supplemental, Compensatory Damages and Compensatory Interest).
  • Exhibit B covers claimants receiving Punitive Damages Principal in categories other than damaged gear.
  • Exhibit C covers claimants receiving Punitive Damages Interest in categories other than damaged gear.
  • Exhibit D covers claimants receiving their Final Distribution in categories other than damaged gear.
  • Exhibit E covers damaged gear for one claimant
  • Exhibit F covers claimants with contested claims now eligible to receive payment.
We will update this website upon approval of the seventeenth Application by Judge Holland.

January 18, 2011: Regarding the Issuance of 2010 1099s

Due to the large number of claimants who received reportable income during the 2010 calendar year, the EQSF has requested and been granted an extension from the Internal Revenue Service (IRS) on mailing 2010 1099-MISC and 2010 1099-INT forms. Per IRS regulations, the EQSF does not issue 1099s to claimants who received less than $600 or to claimants who are corporations. The EQSF anticipates that all 1099s for amounts transferred to claimants in 2010 will be mailed on or before the last day of February and will update this website accordingly.

Please note that the EQSF is unable to provide tax advice. You should contact a tax professional with any questions regarding the preparation and filing of your income tax return(s).

December 23, 2010: EQSF Completes Distributions and Other Year End News

Since initiating 16th application payments, the EQSF has processed an additional 633 payments (such as for claimants who did not cash their initial checks) from prior applications in order to issue as many payments as possible prior to year end. However, due to the need to close its books for calendar year 2010, the EQSF will not be able to issue any other payments until January 2011. Lead Counsel and the EQSF expect to file the next application for the distribution of Final Payments on certain encumbered claims in early January 2011.

For claimants who contact the EQSF between now and the first week of January, please note that we will have a reduced number of staff available to respond due to the holidays. We will, however, continue to post new information as it becomes available.

December 14, 2010: The EQSF Completes Issuance of the Final Distribution for Claimants listed on the Sixteenth Application

The EQSF Administrator has initiated direct deposits and the mailing of checks and direct deposit notifications for more than 24,120 claims totaling more than $98.765 million for claims appearing on the 16th Application. During this release, the Administrator made over 25,300 payments. The Administrator has now initiated all payments on claims that are able to be paid from the 16th Application at this time. For more information on the 16th Application, please see our October 14, 2010 posting.

December 2, 2010: Judge Holland Denies Motion for Reconsideration of Sixteenth Application. Administrator Moves Forward With Distributions

On December 1, 2010, Judge Holland entered an order denying a motion for reconsideration pertaining to 16th application payments. See, order here. [On December 7, 2010, Judge Holland issued a "Memorandum Decision", here, that further explained his order denying the motion for reconsideration.] While that motion was pending, the Administrator was unable to initiate direct deposit payments. The Administrator has now begun the process of initiating direct deposit payments on the 16th application, which should occur in the next few days. Checks are in the process of being printed and are anticipated to be mailed around mid-December. We will update this website, accordingly, and thank claimants for their patience.

November 29, 2010: The EQSF Completes Issuance of Fourteenth Application Payments

The EQSF Administrator has completed the process of printing and mailing more than 2100 payments and direct deposit notifications for claims appearing on the 14th Application. The Administrator has now initiated all payments on claims that are able to be paid from the 14th Application at this time. For more information on the 14th Application, please see our August 17, 2010 posting.

November 24, 2010: The EQSF Continues Issuance of Fourteenth Application Payments

The EQSF Administrator continues the process of printing and mailing more than 2100 payments and direct deposit notifications for claimants appearing on the 14th Application. Due to inclement weather conditions and the Thanksgiving holiday, the Administrator will mail as many payments as possible, today, with the remainder to be mailed next week. For more information on the 14th Application, please see our August 17, 2010 posting.

November 12, 2010: Judge Holland Approves the Sixteenth Application to Begin the Final Distribution

Judge Holland has issued an order authorizing the EQSF Administrator to begin the final distribution of claims to the claimants listed on exhibits A-1 through A-3 of the 16th Application. To view a copy of the order click here. The Administrator expects to begin initiating direct deposits by the end of November and mailing checks by mid-December. Due to the large number of claims, it will take a period of several weeks before all 16th Application payments are made. We will update this web site, accordingly. For more information on the 16th Application, please refer to our October 14, 2010 posting.

November 11, 2010: The EQSF Initiates Fourteenth Application Payments

The EQSF Administrator is in the process of initiating direct deposits and has started printing checks for approximately 585 claims from the 14th Application totaling more than $6.390 million (gross). As previously posted, the 14th Application covers the remaining portion of claimants in the 51 claim categories who have multiple impairments on their claim(s). Additionally, the Administrator continues to make reissue payments on a rolling basis. More than 2100 payments will have been processed during this check release. The Administrator expects to have mailed all 14th Application payments to claimants and lien agents that are able to be made before Thanksgiving. For more information on the 14th Application, please see our August 17, 2010 posting.

November 5, 2010: Information Regarding Distributions For the 15th Application

The EQSF has received a number of questions regarding the reporting of “prior payments” on the check inserts associated with the 15th application. Please note that each claimant on the 15th application will be receiving five separate distributions corresponding to each of the following funds which appear in sequence: Supplemental, Compensatory Damages, Compensatory Interest, Punitive Damages and Punitive Damages Interest.

 Each distribution is treated as a prior payment to the subsequent distribution. For example, your supplemental distribution will be shown as a prior payment on your compensatory damages check while both the supplemental distribution and Compensatory Damages distributions will be shown as prior payments on your Compensatory Interest check, and so on.

 The “Final Percent Share of All Recoveries to Date” on each check is the sum total of each of the gross distributions that you have been allocated to date which includes attorneys’ fees.

November 3, 2010: The EQSF Completes Issuance of Fifteenth Application Payments

On November 3, 2010, the EQSF Administrator completed the printing and mailing of more than 28,500 checks and direct deposit notifications for claimants appearing on the 15th Application. The Administrator has now initiated all payments on claims that are able to be paid from the 15th application at this time. For more information on the 15th Application, please see our September 8, 2010 posting.

Additionally, the EQSF Administrator continues processing 14th Application payments, which involve claimants who have multiple impairments on their claim(s). Due to the complexity of processing these claims, it will still take a number of weeks to make all of the distributions approved by the Court on this application. We will update this web site as payments are initiated and thank claimants for their patience. For more information on the 14th Application, please see our August 17, 2010 posting.

October 29, 2010: The EQSF Begins Issuance of Fifteenth Application Payments

The EQSF Administrator has completed initiating direct deposits, and checks are being printed, for more than 5700 claimants appearing on the 15th Application totaling more than $18.021 million (gross). The 15th Application distributed monies to claimants in the Unoiled Fisheries claims category whose claims are not impaired by a lien or other encumbrance.

More than 28500 payments are being processed. While direct deposits have been completed, due to the size of this distribution physical checks are expected to be mailed during the week of 11/1 through 11/5. We will update this website when checks have been mailed. For more information on the 15th Application, please see our September 8, 2010 posting.

Additionally, the EQSF Administrator continues processing 14th Application payments, which involve claimants who have multiple impairments on their claim(s). Due to the complexity of processing these claims, it will still take a number of weeks to make all of the distributions approved by the Court on this application. We will update this web site as payments are initiated and thank claimants for their patience. For more information on the 14th Application, please see our August 17, 2010 posting.

October 14, 2010: Lead Counsel files 16th Application to begin the Final Distribution

On October 14, 2010, lead counsel filed with the court a 16th application for the distribution of punitive damages and punitive damages interest, including monies previously held by the Administrator as reserves, as the Final Distribution of recoveries from the Exxon Valdez Oil Spill litigation. The 16th application covers all claimants in all claim categories eligible to receive a Final Distribution whose claims are not impaired by a lien or other encumbrance. Claimants whose claims are subject to one or more impairments will receive their Final Distribution as part of future applications.

Please note that there are three different scenarios suggested for the Final Distribution as explained in the 16th application. While claimants may see their names on all three scenarios, they will only be eligible for one Final Distribution depending on which scenario is ordered by the Court. A copy of the 16th application can be seen here and a copy of the Administrator's declaration can be seen here.

Exhibit A, which shows the amounts of the Final Distribution to each Claim Category under the three different scenarios can be seen here.

Exhibits A-1 thru A-3, which show the amounts to be distributed to each claimant if the Court adopts Scenario 1, can be seen here.

UPDATE: On October 15, 2010, the Court approved the stipulation between All Plaintiffs and All-Alaskan that the reserve held for All-Alaskan shall be paid to All-Alaskan but not be considered a prior recovery by All-Alaskan or the Processor Claim Category. Thus, the Court has now ordered that the Administrator should treat the All-Alaskan reserve as set forth in Scenario 1. A copy of the Court's order approving the stipulation can be seen, here.

Exhibits B-1 thru B-3, which show the amounts to be distributed to each claimant if the Court adopts Scenario 2, can be seen here.

Exhibits C-1 thru C-2, which show the amounts to be distributed to each claimant if the Court adopts Scenario 3, can be seen here.

October 6, 2010, 2010: Judge Holland Approves the Fifteenth Application for Distributing Settlement Funds

Judge Holland has issued an order authorizing the EQSF Administrator to begin distribution of supplemental damages, compensatory damages, compensatory damages interest, punitive damages principal and punitive damages interest (but not any portion of the Final Distribution) to claimants listed on exhibits A, B and C of the 15th Application to the court. A copy of the order can be viewed here. As previously posted, the 15th application covers claimants in the Unoiled Fisheries claims category whose claims are not impaired by a lien or other encumbrance. Because each unoiled fisheries claimant will receive as many as five separate payments, one each from the supplemental, compensatory, compensatory interest, punitive damages principal and punitive damages interest recoveries, this application will involve the issuance of more than 28,000 separate payments. Due to the number of payments, it will be later in October before payments are initiated. We will update this web site as payments are initiated and thank claimants for their patience.

October 5, 2010: The EQSF Completes Issuance of Thirteenth Application Payments

The EQSF Administrator has initiated direct deposits and is in the process of printing and mailing checks for approximately 400 claims from the 13th Application totaling more than $5.072 million (gross). This is the second release of payments for claims associated with the 13th Application. Additionally, the Administrator continues to make reissue payments on a rolling basis. More than 1000 payments have been processed during this check release. The Administrator has now initiated all payments on claims that are able to be paid from the 13th Application at this time. For more information on the 13th Application, please see our August 6, 2010 posting.

September 13, 2010: Judge Holland Approves the Fourteenth Application for Distributing Settlement Funds

Judge Holland has issued an order authorizing the EQSF Administrator to begin distribution of punitive damages and punitive interest to claimants listed on exhibits A and B of the 14th Application to the court. A copy of the order can be viewed here. As previously posted, the 14th application covers the remaining portion of claimants in the 51 claim categories who have multiple impairments on their claim(s), as well as claimants who have resolved impairments on their claims since the last application filed with the court. Due to the complexity of processing these claims, it will take a number of weeks to make all of the distributions approved by the Court on this application. We will update this website as payments are released.

September 8, 2010: Plaintiffs' Counsel File Fifteenth Application With the Court

On September 7, 2010, lead counsel filed with the court a fifteenth application for the distribution of monies to claimants in the Unoiled Fisheries claims category whose claims are not impaired by a lien or other encumbrance. This application only covers recoveries from the supplemental claims program, compensatory damages, compensatory damages interest, punitive damages and punitive damages interest to 5728 claimants in the gross amount of more than $18 Million. Recoveries that have been held in reserve for a Final Distribution will be the subject of future distribution applications, as will distributions to Unoiled Fisheries claimants whose claims are encumbered. This application merely distributes to the unencumbered Unoiled Fisheries claimants their share of the monies that have been the subject of prior distribution applications. A copy of the fifteenth application can be seen here, a copy of the Administrator's declaration can be seen here, and a copy of exhibits A, B and C that list all claimants included on this application can be seen here.

September 8, 2010: The EQSF Begins Making Thirteenth Application Payments

The EQSF has initiated direct deposits and is in the process of printing and mailing checks for approximately 400 claims totaling more than $5.099 million (gross) from the 13th Application. This initial release represents more than half of the payments approved by the Court in the 13th Application. Due to the complexity of processing these claims, it will take a number of weeks to complete the remaining payments. We will update this website as additional payments are released. For more information on the 13th Application, please see our August 6, 2010 posting.

September 3, 2010: ESQF ASKS FOR HELP IN LOCATING PARTICULAR CLAIMANTS WITH IMPAIRED CLAIMS

The following is a list of names of those EQSF claimants who have impairments on their claims that are relatively easy to fix, but who the EQSF is currently unable to locate or contact. As a result, any EQSF settlement proceeds due to be paid on their claims are on HOLD. Such impairments include:

  • Bad Address
  • Unverified SSN or Tax Payer Identification Number
  • Estate Documents Needed
  • Never Completed / Invalid W-9 on File
  • Unsigned Certification Page

If you are on this list, or you think you recognize someone who is on this list and can tell us a good way to contact that person (or a representative of her/his estate), please call the EQSF at 1-800-EXSPILL (1-800-397-7455) or contact us at http://exspill.com/ContactUs/tabid/1907/Default.aspx. We will update this list on a monthly basis, and urge you to pass it on to any other person or entity that might be able to help us get in contact with these claimants.

Thank you for your assistance.

TO SEE THE LIST OF MISSING CLAIMANTS, CLICK HERE.

August 17, 2010: Plaintiffs’ Counsel File Fourteenth Application With the Court

On August 16, 2010, lead counsel filed with the court a fourteenth application for the distribution of punitive damages and interest on 597 claims in the gross amount of more than $6.4 Million. This application covers the remaining portion of claimants in the 51 claim categories who have multiple impairments on their claim(s), as well as claimants who have resolved impairments on their claims since the last application filed with the court. A copy of the fourteenth application can be seen here, a copy of the Administrator's declaration can be seen here, and a copy of exhibits A and B that list all claimants included on this application can be seen here.

August 10, 2010: The EQSF Completes Issuance of Twelfth Application Payments

The EQSF Administrator has initiated direct deposits and checks are being printed for more than 225 claims from the 12th Application totaling more than $1.7 million (gross). This is the third and final major release of payments for claims associated with the 12th Application. Additionally, the Administrator continues to make reissue payments on a rolling basis. More than 750 payments have been processed during this check release. The Administrator has now initiated all payments on claims that are able to be paid from the 12th Application at this time. For more information on the 12th Application, please see our May 24, 2010 posting.

August 6, 2010: Judge Holland Approves the Thirteenth Application for Distributing Settlement Funds

Judge Holland has issued an order authorizing the EQSF Administrator to begin distribution of punitive damages and punitive interest to claimants listed on exhibits A and B of the 13th Application to the court. A copy of the order can be viewed here. As previously posted, the 13th application consists of a portion of the claimants in the 51 claim categories who have multiple impairments on their claim(s), as well as claimants who have resolved impairments on their claims since the last application filed with the court (s). Due to the complexity of processing these claims, it will take a number of weeks to make all of the distributions approved by the Court on this application. We will update this website as payments are released.

July 20, 2010: Plaintiffs’ Counsel File Thirteenth Application With the Court

On July 15, 2010, lead counsel filed with the court a thirteenth application for the distribution of punitive damages and interest on 667 claims in the gross amount of more than $8.1 Million. This application covers a portion of claimants in the 51 claim categories who have multiple impairments on their claim(s), as well as claimants who have resolved impairments on their claims since the last application filed with the court. A copy of the thirteenth application can be seen here, a copy of the Administrator's declaration can be seen here, and a copy of exhibits A and B that list all claimants included on this application can be seen here.

July 16, 2010: The EQSF Continues Making Twelfth Application Payments

The EQSF Administrator has initiated direct deposits and checks are being printed for approximately 400 claims from the 12th Application totaling more than $7.120 million (gross) on claims from the 12th Application. This is the second release of payments for the 12th Application. Additionally, the Administrator continues to make reissue payments on a rolling basis. More than 1300 payments have been processed during this check release. The Administrator will continue to process 12th Application payments over the coming weeks. Due to the complexity of processing these claims, it will take a number of weeks to make all of the distributions approved by the Court on this Application. We will update this website as additional payments are released.  For more information on the 12th Application, please see our May 24, 2010 posting.

June 28, 2010: The EQSF Begins Making Twelfth Application Payments

The EQSF has initiated direct deposits and is in the process of printing and mailing checks for approximately 200 claims totaling more than $0.533 million (gross) from the 12th Application. This is the initial release of payments from the 12th Application. The Administrator will continue to process 12th Application payments over the coming weeks. Due to the complexity of processing these claims, it will take a number of weeks to make all of the distributions approved by the Court on the 12th Application. We will update this website as additional payments are released. For more information on the 12th Application, please see our May 24, 2010 posting.

June 17, 2010: Judge Holland Approves the Twelfth Application for Distributing Settlement Funds

Judge Holland has issued an order authorizing the EQSF Administrator to begin distribution of punitive damages and punitive interest to claimants listed on exhibits A and B and C of the 12th Application to the court. A copy of the order can be viewed here. As previously posted, the 12th application consists of a portion of the claimants in the 51 claim categories who have multiple impairments on their claim(s), as well as claimants who have resolved impairments on their claims since the last application filed with the court (s). Due to the complexity of processing these claims, it will take a number of weeks to make all of the distributions approved by the Court on this application. We will update this website as payments are released.

June 16, 2010: The EQSF Completes Issuance of Eleventh Application Payments

The EQSF Administrator has initiated direct deposits and checks are being printed for more than 1650 payments from the 11th Application totaling more than $13.975 million (gross). This is the fourth and final major release of payments for claims associated with the 11th Application. The Administrator has now initiated all payments on claims that are able to be paid from the 11th Application at this time. For more information on the 11th Application, please see our March 18, 2010 posting.

June 3, 2010: The EQSF Makes Payments on Held Claims

While the EQSF continues to process claims from the 11th application, it has initiated payment on approximately 600 claims totaling more than $3.875 million (gross) from prior applications. These payments were for claims that had been approved by the Court but held due to a variety of impairments. With these payments, the EQSF has made all original payments from all prior applications that it is currently able to make. Some original, approved claims continue to be held due to impairments such as missing estate documents, bad addresses, incomplete claim certification, and disputed liens.

The payments initiated this week do not include those situations in which an original payment was initiated but for which a claimant has requested a re-issue. Requests for the re-issuance of a prior payment will be processed on a rolling basis over the coming weeks.

The EQSF anticipates that all remaining 11th application payments that it is able to process will be initiated within the next two weeks. We will update this website, accordingly.

May 24, 2010: Plaintiffs’ Counsel File Twelfth Application With the Court

On May 24, 2010, lead counsel filed with the court a twelfth application for the distribution of punitive damages and interest on more than 781 claims in the gross amount of more than $10 Million. This application covers a portion of claimants in the 51 claim categories who have multiple impairments on their claim(s), as well as claimants who have resolved impairments on their claims since the last application filed with the court. A copy of the twelfth application can be seen here, a copy of the Administrator's declaration can be seen here, and a copy of exhibits A through C that list all claimants included on this application can be seen here.

May 21, 2010: The EQSF Continues Making Eleventh Application Payments

The EQSF Administrator has initiated direct deposits and check are being printed for more 1050 payments from the 11th Application totaling more than $8.750 million (gross) on claims from the 11th Application. This is the second release of payments for the 11th Application. The Administrator will continue to process 11th Application payments over the coming weeks. Due to the complexity of processing these claims, it will take a number of weeks to make all of the distributions approved by the Court on this Application. We will update this website as additional payments are released. For more information on the 11th Application, please see our March 18, 2010 posting.

May 14, 2010: The EQSF Begins Making Eleventh Application Payments

The EQSF has initiated direct deposits and is in the process of printing and mailing checks for 230 claims totaling more than $.8 million (gross) from the 11th Application. This is the initial release of payments from the 11th Application. The Administrator will continue to process 11th Application claim payments over the coming weeks. Due to the complexity of processing these claims, it will take a number of weeks to make all of the distributions approved by the Court on the 11th Application. We will update this website as additional payments are released. For more information on the 11th Application, please see our March 18, 2010 posting.

May 10, 2010: The EQSF Completes Issuance of Tenth Application Payments

Over the past week, the EQSF Administrator has made more than 1500 payments totaling more than $6.453 million (gross) on claims from the 10th Application. This was the final release of payments from the 10th Application. The Administrator has now initiated all payments on the claims that are able to be paid from the 10th Application at this time. For more information on the 10th Application, please see our January 29, 2010 posting.

April 16, 2010: The EQSF Continues Making Tenth Application Payments

This week, the EQSF Administrator made more than 700 payments totaling more than $4.135 million (gross) on claims from the 10th Application. This is the fourth release of payments for the 10th application. The Administrator will continue to process 10th Application payments over the coming weeks. Due to the complexity of processing these claims, it will take a number of weeks to make all of the distributions approved by the Court on this application. We will update this website as additional payments are released. For more information on the 10th Application, please see our February 18, 2010 posting.

April 13, 2010: Judge Holland Approves the Eleventh Application for Distributing Settlement Funds

On April 12, 2010 Judge Holland issued an order authorizing the EQSF Administrator to begin distribution of punitive damages and punitive interest to claimants listed on exhibits A and B of the 11th Application to the court. A copy of the order can be viewed here. As previously posted, the 11th application consists primarily of claimants in any of the 51 claim categories who have a single impairment on their claim(s), as well as claimants who have resolved impairments on their claims since the last application filed with the court. Due to the complexity of processing these claims, it will take a number of weeks to make all of the distributions approved by the Court on this application. We will update this website as payments are released.

April 9, 2010: The EQSF Continues Making Tenth Application Payments

The EQSF has initiated direct deposits and in the process of printing and mailing checks on approximately 500 more payments totaling about a $1 million (gross) on claims from the 10th Application. This is the fourth release of payments for the 10th Application. The Administrator will continue to process 10th Application payments over the coming weeks. Due to the complexity of processing these claims, it will take a number of weeks to make all of the distributions approved by the Court on this application. We will update this website as additional payments are released.

April 5, 2010: The EQSF Continues Making Tenth Application Payments

Over the last week the EQSF has made more than 1100 payments totaling more than $1.8 Million (gross) on claims from the 10th Application. This is the third release of payments for the 10th application. The Administrator will continue to process 10th Application payments over the coming weeks. Due to the complexity of processing these claims, it will take a number of weeks to make all of the distributions approved by the Court on this application. We will update this website as additional payments are released.

March 26, 2010: The EQSF Completes Issuance of Ninth Application Payments

This week, the EQSF finished mailing payments for those claimants included on the 9th Application. The completion of the 9th Application required over 1000 individual payments to be made. The Administrator has now initiated all payments on claims that are able to be paid from the 9th Application at this time. For more information on the 9th application, please see our December 29, 2009 posting.

The EQSF Administrator continued making 10th application payments this week as well. Over 2600 payments totaling over $11.610 million have been made to claimants included on the 10th application for those that required either mandatory or voluntary withholding to be applied to their claims. Further, the EQSF has remitted all withholding to the IRS. Due to the complexity of processing the remaining 10th Application claims, it will take a number of weeks to make all of the distributions approved by the Court on the 10th Application. We will update this website as additional payments are released. For more information on the 10th Application, please see our February 18, 2010 posting.

March 19, 2010: The EQSF Makes Payments on the Ninth and Tenth Applications

The EQSF has initiated direct deposits and mailed checks on more 1751 claims from the 9th and 10th applications totaling more than $8.25 million (gross). This is the fourth release of payments from the 9th application and the first release of payments from the 10th application. The Administrator will continue to process 9th and 10th Application payments over the coming weeks. Due to the complexity of processing these claims, it will take a number of weeks to make all of the distributions approved by the Court on these applications. We will update this website as additional payments are released.

March 18, 2010: Plaintiffs’ Counsel File Eleventh Application With the Court

On March 17, 2010, lead counsel filed with the court an Eleventh application for the distribution of punitive damages and interest on more than 1300 claims in the gross amount of more than $24 Million. This application covers the remaining claimants in the 51 claim categories who have a single impairment on their claim(s), as well as claimants who have resolved impairments on their claims since the last application filed with the court. A copy of the 11th application can be seen here, a copy of the Administrator's declaration can be seen here, and a copy of exhibits A and B that list all claimants included on this application can be seen here.

February 26, 2010: The EQSF Issues 1099s

The EQSF has mailed out 1099-MISC forms to the approximately 13,000 claimants who had reportable income for calendar year 2009. Per Internal Revenue Service regulations, the EQSF does not issue 1099s to claimants who received less than $600 or to claimants who are corporations. As reported on our post dated February 9, 2010, the IRS has confirmed that both punitive damages principal and interest are to be reported on 1099-MISC forms as "other income."

Please note that the EQSF is unable to provide tax advice. You should contact a tax professional with any questions regarding the preparation and filing of your income tax return(s).

February 19, 2010: The EQSF Continues Making Ninth Application Payments

The EQSF has initiated direct deposits and is in the process of printing and mailing checks for 160 claims totaling more than $4.41 million (gross) from the 9th Application. This is the third release of payments from the 9th Application. These payments are primarily being made to the State of Alaska's Division of Investments. The Administrator will continue to process 9th Application claim payments over the coming weeks. Due to the complexity of processing these claims, it will take a number of weeks to make all of the distributions approved by the Court on the 9th Application. We will update this website as additional payments are released. For more information on the 9th application, please see our December 29, 2009 posting.

February 18, 2010: Judge Holland Approves the 10th Application for the Distribution of Punitive Damages

On February 17, 2010 Judge Holland issued an order authorizing the EQSF Administrator to begin distribution of punitive damages and punitive damage interest to claimants listed on exhibits A-C of the 10th application to the court. A copy of the order can be viewed here. As previously posted, the 10th Application consists primarily of claimants in any of the 51 claim categories who need to make a payment to the Internal Revenue Service but have no other impairment. The Administrator is working with the IRS to establish a process for calculating accrued interest and applicable payoff figures. Due to the complexity of processing these claims, it will take a number of weeks to initiate and complete all of the distributions approved by the Court. We will update this website, accordingly.

February 12, 2010: The EQSF Continues Making Ninth Application Payments

The EQSF has initiated direct deposits and is in the process of printing and mailing checks for 540 claims totaling more than $6.61 million (gross) from the 9th Application. This is the second release of payments from the 9th Application. These payments are primarily being made to bankruptcy trustees. The Administrator will continue to process 9th Application claim payments over the coming weeks. Due to the complexity of processing these claims, it will take a number of weeks to make all of the distributions approved by the Court on the 9th Application. We will update this website as additional payments are released. For more information on the 9th application, please see our December 29, 2009 posting.

February 9, 2010: Information Regarding Issuance of 1099s

The EQSF has now received confirmation from the IRS that both punitive damages principal and interest are to be reported on 1099-MISC forms as “other income.” A copy of the confirmation letter from the IRS is attached HERE. With this confirmation, the EQSF anticipates that all 1099s for amounts transferred to claimants in 2009 will be mailed on or before the last day of February. The 1099s will be issued consistent with the IRS letter. Please note that the EQSF is unable to provide tax advice . You should contact a tax professional with any questions regarding the preparation and filing of your income tax return(s).

February 4, 2010: The EQSF Begins Making Ninth Application Payments

The EQSF has initiated direct deposits and is in the process of printing and mailing checks for 597 claims totaling more than $6.68 million (gross) from the 9th Application. This is the initial release of payments from the 9th Application. The Administrator will continue to process 9th Application claim payments over the coming weeks. Due to the complexity of processing these claims, it will take a number of weeks to make all of the distributions approved by the Court on the 9th Application. We will update this website as additional payments are released. For more information on the 9th application, please see our December 29, 2009 posting.

January 29, 2010: Plaintiffs' Counsel File Tenth Application With the Court

On January 29, 2010, lead counsel filed with the Court a Tenth Application for the distribution of punitive damages and interest on more than 3,600 claims in the gross amount of more than $28 Million. This application covers claimants in any of the 51 claim categories who need to make a payment to the IRS but have no other impairment, as well as claimants who have resolved impairments on their claims since the last application filed with the court. A copy of the 10th application can be seen here, a copy of the Administrator's declaration can be seen here, and a copy of exhibits A-C that list all claimants included on this application can be seen here.

January 22, 2010: Judge Holland Approves the 9th Application for the Distribution of Punitive Damages

On January 21, 2010 Judge Holland issued an order authorizing the EQSF Administrator to begin distribution of punitive damages and punitive damage interest to claimants listed on the exhibits A-E of the Ninth application to the court. A copy of the order can be viewed here. The Administrator expects to begin initiating payments the week of February 5, 2010. Due to the complexity of processing these claims, it will take a number of weeks to make all of the distributions approved by the Court. We will update this website, accordingly.

January 21, 2010: EQSF Initiates Distribution of More Than $5 Million From the 8th Application

The EQSF has begun initiation of an additional 335 payments from the 8th application to the court for a total (gross) of more than $5 million. The Administrator has now initiated all payments to claimants who are able to be paid from the 8th application at this time. For more information on the 8th application, please see our September 8, 2009 posting.

December 29, 2009: Plaintiffs’ Counsel File Ninth Application With the Court

On December 29, 2009, lead counsel filed with the Court a Ninth Application for the distribution of punitive damages and interest on 1775 claims in the gross amount of approximately $25 million. As set forth in the declaration of the Administrator, the Ninth Application covers: (1) claimants who are in bankruptcy; (2) claimants who have a single lien owed to the State of Alaska’s Commercial Fisheries Aquaculture Bank or Division of Investments; (3) claimants who have a single lien owed to a child support enforcement agency in Alaska or elsewhere; and (4) claimants who had some impediment to distribution in a prior application, but for whom the impediment is now removed. A copy of the Ninth Application can be seen here; a copy of the Administrator's Declaration can be seen here, and a copy of exhibits A through E which list all claimants included on this application here.

 A tenth application is expected to involve claimants in all claim categories with single levies or voluntary or involuntary withholding to be paid to the Internal Revenue Service. The Administrator anticipates talking with the IRS about developing a mutually acceptable procedure to coordinate efforts with the Service, and making a tenth application shortly thereafter.

 The Administrator thereafter expects to make an application that will involve claimants in all claim categories with single liens owed to all other entities, including, primarily, general judgment debtors and former spouses. The timing of filing such an application is not yet known. A series of applications will be made thereafter for claimants in all claim categories with multiple liens.

 An application for distributions to claimants in the unoiled fishery claim category is expected to be made during the first half of 2010, after resolution of objections to final percent shares. When a distribution application can be made to the Court for unoiled fish claims will be a function of the number and nature of those objections.

 Because Exxon has recently sent approximately $71.8 million to the EQSF (reflecting the cost money it had previously indicated would be the subject of an appeal to the United States Supreme Court), it will be necessary to distribute that to all claimants in the future after resolution of the outstanding claims involving processors (CIP and Nautilus) for which substantial (approximately $50 million) reserves have been made.

 We will update this web site with further developments.

December 18, 2009: EQSF Initiates Distribution of More Than $16 million and Other Year End News

The EQSF has initiated an additional 1477 payments from the 8th application for a total (gross) of $16,423,716.55. In addition, the EQSF has initiated 2790 reissue payments which the EQSF will be mailing out in batches over the next several days. Due to the need to close its books for calendar year 2009, no other payments will be made until January. For claimants who contact the EQSF over the next two weeks, please note that we will have a smaller number of staff available to respond due to the holidays. We will, however, continue to post new information as it becomes available.

December 15, 2009: Exxon Pays Cost Reserve

Rather than appeal to the United States Supreme Court, as per our November 3 post, Exxon decided to pay to plaintiffs the $70 million (plus interest) of the punitive damages that it had withheld for costs. Exxon has now paid to the EQSF all monies owed in the EVOS litigation pursuant to the punitive damages judgment. The Administrator and Lead Counsel will apply to the Court to distribute this money after additional punitive damages principal and interest have been distributed and after disputes pertaining to various reserves have been resolved. We will update this website, accordingly.

December 10th, 2009: Providing estimates for Unoiled Fisheries Claim Categories (U00B)

The Administrator recently mailed Final Percent Share Letters to over 8,000 claimants in the U00B category. These letters included the Final Percent Share for each claimant for all of their U00B claims. You can use this document to help estimate the value of your unoiled fishery claims.

Timing of Unoiled Fishery Payments

All final percent shares have to be submitted to the Court for approval before payments can be issued. The Administrator anticipates submitting final percent shares for Court approval in the first half of 2010.

Important

If you received a yellow document with your Final Percent Share Letter, it means that your claim is impaired for some reason. The yellow form will list the impairment(s) to your claim. Please note that any impairment that is not resolved will delay or prevent distributions being made to your claim. Please follow the directions on the form and send in the requested documentation in the provided Business Reply Envelope. As Judge Holland has stated in a recent ruling those claimants who do not have impairments are routinely paid before claimant who have impairments.

December 7, 2009: EQSF Initiates Distribution of more than $268 Million Dollars

The Administrator has initiated payments totaling more that $268 million dollars (gross) on the Court Approved 8th Application. Direct deposits were initiated on November 24. Checks were released on December 4. The Administrator continues to process a small number of 8th Application payments and will update this website, accordingly.

November 5, 2009: Judge Holland Approves Amended 7th and 8th Applications

Judge Holland has approved the amended 7th and 8th applications, accounting for various reserves. Please note that the gross amounts listed on the exhibits to the amended 8th application will be reduced by approximately 0.8% to account for a reserve taken until a dispute with All Alaskan Seafoods can be resolved. Attorney fees will be taken from these slightly reduced amounts. A copy of Judge Holland’s order can be viewed here. For more information on the 7th and 8th applications, please see our September 8, 2009 posting.

PLEASE NOTE--as per prior postings on this website, the Administrator WILL VOID ALL UNCASHED CHECKS issued to claimants on the amended 8th application that have been outstanding for more than ninety (90) days. This check voiding process will begin on Monday, November 9, 2009. The amounts voided will be re-issued to claimants on the amended 8th application at the same time they receive their amended 8th application payments. This process will allow the Administrator to more efficiently process re-issues of checks that have not yet been cashed for claimants on the amended 8th application.

The Administrator cannot give a time table for amended 8th application payments, as it involves thousands of payments, including reissues, to a total of approximately 11,139 claimants. He is committed to issuing payments before year end assuming no court orders or appeals to the contrary. We will post notice on this website when direct deposits have been initiated. Paper checks will then be issued approximately two to three weeks thereafter. Please note that if a claim becomes impaired before distribution is initiated, that particular claim will be held and is unlikely to be paid this year.

November 3, 2009: Exxon Intends to Appeal the Issue of Costs to the United States Supreme Court

In response to the Ninth Circuit's denial of Exxon's request for a rehearing on the issue of costs, Exxon has filed a motion with the Ninth Circuit in which it says that it intends to further appeal the issue of costs to the United States Supreme Court. A copy of Exxon's filing in the Ninth Circuit (Motion to Stay Mandate) can be seen, here.

October 28, 2009: Exxon's Petition for Rehearing Denied

On October 28, 2009 the Ninth Circuit court of appeals denied Exxon's Petition for Rehearing En Banc on the matter of appellate costs. A copy of the order can be viewed here.

October 22, 2009: Unoiled Fishery Final Percent Share Reports Mailed

On October 21, 2009 the EQSF mailed over 8,000 Final Percent Share (FPS) Reports for the Unoiled Fishery (U00B) claim categories. These reports were sent to claimants who filed claim forms in the thirty-nine unoiled area fisheries as described in the U00B Plan of Distribution.

 Each FPS report contains several pieces of information uniquely relevant to each U00B claimant. These include:

  • A summary of Lost Income claims
  • A Final Percent Share
  • A summary of Prior Payments
  • A summary of active liens, levies or assignments
  • Instructions as to how to appeal if you disagree with any of the information contained within the report.

 Please note that each U00B claimant has a single FPS that represents the sum total of all of his or her qualified U00B fishery claims.

 If you wish to object to any of the information contained in your FPS report you must follow the instructions set forth in the letter for filing an objection. All objections must be in writing and postmarked by November 20, 2009 (30 days after the postmark on the FPS report) to the address below.

 Exxon Qualified Settlement Fund
c/o Keller Rohrback L.L.P.
P.O. Box 21628
Seattle, WA 98111

 A prepaid, self addressed envelope has been provided.

 Your FPS report may also contain a yellow sheet labeled “Important” which lists current impairments for your claim that must be resolved before the EQSF will be able to make any U00B fishery distributions to you. These potential impairments are:

  • Missing/Incomplete W-9
  • Update Address/Incorrect Address on File
  • Signed Certification and Release Statement
  • Probate and Deceased Claimant Information
  • Verified Tax Payer Identification Number

 If you receive a yellow sheet in your FPS report, please follow the instructions contained on that sheet carefully. Please return any required forms in the envelope provided.

 Also included in all FPS reports for which the claim has a positive FPS, is a blue direct deposit request form. If you wish to have your award deposited directly into your bank account rather than by check, please return this form in the envelope provided and we will send you a Direct Deposit Enrollment Form.

 The Administrator will apply to the Court to make payments following resolution of any objections that are made across all unoiled fisheries; thus, the fewer the number of objections the sooner payments can be made to all qualified unoiled fishery claimants.

October 19, 2009: EQSF Completes Distribution of 6th Application Payments

The Administrator has initiated over 1,050 payments on claims that were included on the Court approved Sixth Application. Direct deposits were initiated on Wednesday, October 15, and Monday, October 19, and checks are in the process of being printed and mailed. With these payments, the Administrator has completed making all payments he is able to make from the Sixth Application. For more detailed information on the Sixth application, see our July 21, 2009 entry.

October 12, 2009: Judge Holland defers ruling on the 7th and 8th applications

Judge Holland has ruled that while he believes the cannery workers and processors have already received their full matrix allocations on a group basis, he is giving lawyers who purport to represent claimants in those categories more time to review data that the Administrator provided to them regarding calculation of individual over/under target amounts and reserves. Per Judge Holland's order, it appears as though he will issue a further order on the 7th and 8th applications by the end of October. Assuming that Judge Holland approves distributions per the 8th application by the end of October, the Administrator would then need to wait for the 30 day appeal period to pass before making distributions (assuming no appeals) in late November or early December. Lead Counsel and the Administrator do not plan to make any additional applications to distribute punitive damages or punitive damages interest until some time after final orders have been issued on the 7th and 8th applications.

September 28, 2009: EQSF Initiates More than $3.7 Million (gross) of 6th Application Payments

The Administrator has initiated payments totaling more than $3.7 Million (gross) on claims that do not have liens, levies or assignments and whose claims are not otherwise impaired that were included on the Court approved Sixth application. Direct deposits were initiated on Monday, September 28, and checks are in the process of being printed and mailed. The Administrator continues to work on making payments on claims with an impairment from the Sixth Application. We will update this website, accordingly. For more detailed information on the Sixth application, see our July 21, 2009 entry.

September 23, 2009: Ninth Circuit Denies Processors' Petition for Rehearing

Today, the Ninth Circuit Court of Appeals issued an order denying a consolidated petition for rehearing en banc filed by Polar Equipment Inc., Cook Inlet Processing Inc. and Nautilus Marine Enterprises Inc.. You can view a copy of the order here.

September 17, 2009: EQSF Initiates Distribution of More Than $3.8 Million in Punitive Damage Principal Payments

The Administrator has initiated payments totaling more than $3.8 Million (gross) on claims with multiple encumbrances listed on the Court approved third application. Direct deposits were initiated on Wednesday, September 16, and checks are in the process of being printed and mailed. With these payments, the Administrator has completed making all payments he is able to make from the Third Application.

September 9, 2009: Ninth Circuit Denies Sea Hawk's Petition for Rehearing

On September 8, 2009 the Ninth Circuit court of appeals issued an order denying Sea Hawk Seafoods, Inc.'s petition for rehearing en banc. You can view a copy of the order here.

September 8, 2009: Plaintiffs' Counsel File Supplement to the 7th Application and Amendment to the 8th Application

To avoid delaying the 8th distribution while litigating Exxon's objection and request for payment on assignments from four seafood processors, lead counsel has proposed in a supplement to the 7th application that a separate reserve be set aside. By establishing this contingent reserve, Exxon has agreed to withdraw its objection to a newly filed, amended 8th application. The amended 8th application also corrects the computation of S04K shares.

A copy of Lead Counsel's supplement to the 7th application can be seen here. A copy of the Administrator's declaration can be seen here, and the corresponding exhibit can be seen here.

You can view a copy of the Lead Counsel's amended 8th application here along with copies of exhibit A (part one), exhibit A (part two), exhibit B and exhibit C which list all of the claimants included in this amended application. You can also view a copy of the EQSF Administrator's declaration here.

September 1, 2009: Exxon Files Objection To Lead Counsel's Seventh and Eighth Applications

Exxon has objected to lead counsel's seventh and eighth applications for the distribution of punitive damages principal and interest, arguing that it is entitled to $4.4 million pursuant to assignments it obtained from four seafood processors: Sea Hawk Seafoods, Copper River Fisherman's Cooperative, Kodiak Salmon Packers, and Western Alaska Fisheries. We will post lead counsel's response as soon as it is available. You can view a copy of Exxon's objection here, and a copy the accompanying motion here.

August 31, 2009: EQSF Administrator Files Supplemental Declaration Regarding the 7th Application

In response to the Court's request (a copy of Judge Holland's order can be seen, here), the Administrator has filed a supplemental declaration. A copy of the Administrator's declaration and exhibits thereto can be seen, here (Administrator's declaration), here (exhibit A) and here (exhibit B).

August 21, 2009: Plaintiffs’ Counsel File Eighth Application With the Court Regarding Punitive Damages

Lead counsel has filed an eighth application pertaining to the distribution of punitive damages principal and interest entitled “Lead Counsel’s Eighth Application For An Order Distributing Exxon Qualified Settlement Punitive Damage Funds To Multiple Claim Categories and Their Attorneys.” You can view a copy of the application here along with copies of exhibit A (part one), exhibit A (part two), exhibit B and exhibit C which list all of the claimants included in this application. You can also view a copy of the EQSF Administrator’s declaration here.

August 21, 2009: Plaintiffs’ Counsel File Seventh Application With the Court Regarding Punitive Damages

Lead counsel has filed a seventh application pertaining to the distribution of punitive damages principal and interest entitled “Lead Counsel’s Seventh Application Pertaining to the Establishment of Reserves in the Processor and Cannery Worker Claim Categories.” You can view a copy of this application here. You can also view a copy of the EQSF Administrator’s declaration here, and exhibit A here.

August 20, 2009: Court Approves Sixth Application to Distribute Compensatory and Punitive Damages

On August 19, 2009 Judge Holland issued an order authorizing the EQSF Administrator to begin distribution of compensatory and punitive damages to claimants listed on exhibits A-D of Lead Counsel’s sixth application dated July 21, 2009. For more detailed information on exhibits A-D, please see our July 21, 2009 entry. A copy of Judge Holland’s Order can be seen here. The Administrator will begin the process of initiating approved payments from this application and will update this website accordingly. 

August 7, 2009: Plaintiffs' Counsel File Response to Exxon's Petition for Rehearing on Costs

On August 6, 2009 Plaintiffs' Counsel filed a response to Exxon's petition for rehearing with respect to costs. A copy of the response can be read here. Appendix A, referred to in the response, can be viewed here and Appendix B can be viewed here.

August 7, 2009: EQSF Administrator Urges Claimants To Promptly Cash Outstanding Checks

The Administrator notes that a substantial number of checks issued by the EQSF from 2008 to present remain un-cashed. The Administrator urges all recipients of such checks to negotiate them, immediately, to avoid having a bank refuse to honor them as stale.

For claimants who appear on a future application for punitive damages interest, who have failed to cash their check for punitive damages, the Administrator may be required to VOID their previously issued punitive damages check. To avoid such action, claimants should promptly negotiate these previously issued checks.

July 31, 2009: EQSF Initiates Distribution of Over $8.3 Million in Punitive Damage Payments

The Administrator has initiated payments totaling more than $8.3 million (gross) on the Court approved Fifth Application. Direct deposits were initiated on July 29, and checks are in the process of being printed and mailed. The Administrator continues to work on making payments on multiple impairment claims from the Third Application. We will update this website as additional payments are made.

July 28, 2009: EQSF Initiates Distribution of $2.8 Million in Punitive Damage Payments

The Administrator has initiated payments totaling more $2.8 Million (gross) on claims with multiple encumbrances listed on the Court approved third application. Direct deposits were initiated between July 24 and July 28, 2009, and checks are in the process of being printed and mailed. The Administrator continues to work on making additional payments on multiple impairment claims from the third application and will update this website, accordingly.

July 24, 2009: EQSF Initiates Distribution of More Than $2.0 Million in Punitive Damage Payments

The Administrator has initiated payments totaling more than $2.0 Million (gross) on claims with multiple encumbrances listed on the Court approved third application. Direct deposits will be initiated on Friday, July 24, and checks are in the process of being printed and mailed. The Administrator continues to work on making additional payments on multiple impairment claims from the third application and will update this website, accordingly.

July 23, 2009: Ninth Circuit Rules Against Sea Hawk Seafoods

Today a three judge panel of the Ninth Circuit Court of Appeals ruled against Sea Hawk Seafoods' challenge to the Plan of Allocation and Processor Plan of Distribution. A copy of the Ninth Circuit's opinion can be seen, here.

July 22, 2009: EQSF Initiates Distribution of More Than $1.6 Million in Punitive Damage Payments

The Administrator has initiated payments totaling more than $1.6 Million (gross) on claims with multiple encumbrances listed on the Court approved third application. Direct deposits will be initiated on Wednesday, July 22, and checks are in the process of being printed and mailed. The Administrator continues to work on making additional payments on multiple impairment claims from the third application and will update this website, accordingly.

July 21, 2009: Plaintiffs’ Counsel File Sixth Application With the Court To Distribute Compensatory and Punitive Damages

Plaintiffs’ Counsel has filed a sixth application with Judge Holland for an order to begin distribution of compensatory and punitive damages to claimants in multiple small claim categories. Exhibits listing the claimants and claim categories for which Plaintiffs’ counsel are seeking approval can be found below. You can view a copy of the sixth application here, and a copy of the EQSF Administrator’s declaration here.

  • Exhibit A: Compensatory Damages for M01H, P09H, M01K, D09E, K09E, M01E, R12E, C06E, P09E and P07E
  • Exhibit B: Damaged Gear Compensatory Damages for M01H and P09E
  • Exhibit C: Punitive Damages D09H, M01H, P09H, T09H, D09K, M01K, O01K, W12K, D09E, K09E, M01E, R12E, P09E and T09E
  • Exhibit D: Damaged Gear Punitive Damages for M01H and P09E.

Please note that applications for the distribution of Punitive Damage Interest are still in the works and will be posted on this website as soon as they are available..

July 15, 2009

IMPORTANT INFORMATION regarding: Distribution of Punitive Damages Interest / Voiding and Reissuing of Punitive Damages Checks

With respect to the distribution of the punitive damages interest recently paid by Exxon, the EQSF is working with lead counsel and the Plaintiffs' Allocation Committee on a number of allocation issues. Within the next two weeks, lead counsel expects to file the first in a series of applications with Judge Holland to distribute punitive damages interest. The first of these applications is expected to be for claimants who do not have an encumbrance on their claim for a total of more than half of the punitive damages interest.

Actual distributions on the first application will not begin until after Judge Holland has approved the application and the 30 day time period for appeals has passed without objection. Thus, distributions should not be expected until sometime around the middle to end of September. We will update this website as more information becomes available.

In addition, the Administrator notes that a substantial number of punitive damages checks issued by the EQSF to claimants and lien holders remain un-cashed. The Administrator urges all recipients of such checks to negotiate them, immediately, to avoid having a bank refuse to honor them as stale.

For claimants who appear on a future application for punitive damages interest, who have failed to cash their check for punitive damages, the Administrator will VOID their punitive damages check and re-issue it along with the claimant's check for his or her share of punitive damages interest. Thus, all re-issues of punitive damages checks, including those checks already voided and awaiting re-issue, will occur at the same time claimants receive their checks for punitive damages interest.

July 14, 2009: Court Approves Fifth Application to Distribute Punitive Damages

On July 10, 2009 Judge Holland issued an order authorizing the EQSF Administrator to begin distribution of punitive damages to claimants listed on exhibit A of Lead Counsel’s fifth punitive damage application dated May 4, 2009. A copy of Judge Holland’s Order can be seen here. A copy of Lead Counsel's application can be seen here and a copy of the EQSF Administrator's declaration here. The Administrator will begin the process of initiating approved payments from this application and will update this website accordingly.

July 13, 2009: EQSF Initiates Distribution of More Than $2 Million in Punitive Damage Payments

The Administrator has initiated payments totaling more than $2 Million (gross) on claims with multiple encumbrances listed on the Court approved third application. Direct deposits will be initiated today, and checks are in the process of being printed and mailed. The Administrator continues to work on making additional payments on multiple impairment claims from the third application and expects to initiate a number of payments thereon next week. We will update this website, accordingly.

July 10, 2009: EQSF Initiates Distribution of Almost $4 Million in Punitive Damage Payments

The Administrator has initiated payments totaling just under $4 million (gross) on the Court approved Fourth Application. Direct deposits will be initiated today, and checks are in the process of being printed and mailed. The Administrator continues to work on making payments on multiple impairment claims from the Third Application and expects to initiate a number of payments thereon next week. We will update this website, accordingly.

July 8, 2009: Court Approves Fourth Application to Distribute Punitive Damages

On July 2, 2009 Judge Holland issued an order authorizing the EQSF Administrator to begin distribution of punitive damages to claimants listed on exhibit A of Lead Counsel’s fourth punitive damage application dated May 4, 2009. A copy of Judge Holland’s Order can be seen here. A copy of Lead Counsel's application can be seen here and a copy of the EQSF Administrator's declaration here. The Administrator will begin the process of initiating approved payments from this application and will update this website accordingly.

July 2, 2009: EQSF Makes $2.5 Million in Punitive Damage Payments

The EQSF has initiated payments on claims with multiple encumbrances totaling more than $2.5 million (gross) to claimants, lien agents and assignees listed on exhibit A of the third application to the court. The EQSF will continue to make rolling payments on these multiple encumbrance claims and will update this website, accordingly.

July 1, 2009: Exxon Files Petition for Rehearing En Banc On Costs

On Monday June 29, 2009 Exxon filed a Petition for Rehearing En Banc with the Ninth Circuit Court of Appeals on the matter of appellate costs. A copy of Exxon’s petition can be viewed here.

June 22, 2009: Plaintiffs' Counsel File Fifth Application With the Court To Distribute Another Round Of Punitive Damages

While the Fourth Application is still pending before the court, Plaintiffs’ Counsel has filed a fifth application to begin another round of punitive damage distributions to various claimants from twenty-six different claim categories. For more information, you can view a copy of the fifth application here, a copy of the EQSF Administrator’s declaration here, and a copy of the exhibit A which lists all claimants included in this application here. We will update this website following court approval of this application. 

June 19, 2009: EQSF Makes $2.6 Million In Punitive Damage Payments

The EQSF has initiated payments on claims with multiple encumbrances totaling more than $2.6 million (gross) to claimants, lien agents and assignees listed on exhibit A of the third application to the court. The EQSF will continue to make rolling payments on these multiple encumbrance claims and will update this website, accordingly.

June 15, 2009: Ninth Circuit ruling awards interest on punitive damages

Today a unanimous three-judge panel of the Ninth Circuit Court of Appeals awarded interest to plaintiffs "on the final judgment of $507.5 million, at the statutorily set rate of 5.9%, to run from the date of the original judgment, September 24, 1996." By a two to one decision, the same Ninth Circuit panel denied Exxon's request for reimbursement of the costs of its supersedeas bond.

Any party seeking a re-hearing must do so within 14 days of today's ruling. A copy of the Ninth Circuit's ruling can be seen, here. We will update this website with further developments.

June 12, 2009: EQSF Makes $3 Million In Punitive Damage Payments to Claimants, Lien Agents and Assignees

The EQSF has initiated over 330 payments on claims with multiple encumbrances totaling more than $3 million (gross) to claimants, lien agents and assignees listed on exhibit A of the third application to the court. The EQSF will continue to make rolling payments on these multiple encumbrance claims and will update this website, accordingly.

June 8, 2009: The AQSF Distributes Another Round of Payments to Unoiled Fishermen

On June 5, 2009, The EQSF made a third distribution to claimants listed on Lead Counsel’s February 19, 2009 motion. This distribution was comprised of 224 claims that were impaired at the time of the previous two distributions, but who have since resolved the impairment(s).

June 3, 2009: EQSF Makes $11.8 Million In Punitive Damage Payments to Lien Agents and Assignees -- Status of Claims Payments

The EQSF has initiated over 1000 payments totaling more than $11.8 million (gross) in punitive damages on liens, assignments, and other impaired claims from exhibit A of the second application to the court.

With these payments, the EQSF has now paid out more than $248 million (gross) in punitive damages, which represents 80% of the punitive damages available to distribute. Since court approval of the first application for punitive damages distributions in December 2008, the EQSF has issued 23,784 payments, including 3832 payments on impaired claims (which are the most labor intensive payments to process) on the various punitive damages applications.

In addition, the EQSF has issued 3547 compensatory damage payments totaling more than $1.7 million. In all, over the past six months the EQSF has issued 27, 331 payments totaling more than $249.7 million (gross).

The EQSF is currently working on preparations for payments on more than 1400 multi-impairment claims from the third application to the Court. We will update this website as those payments are initiated.

May 22, 2009: EQSF Makes $5.2 Million in Punitive Damage Distributions

Since the last posting on payments made, the EQSF issued payments on gross claims totaling more that $4.4 Million in punitive damages to 491 claims in the S01E, S01K, S01L, S04E, S01H, S04H and Native Subsistence claim categories that were included in the second application to the court. The EQSF continues to make payments on the impaired claims from the second application and will update this website accordingly.

The EQSF also made more than $777,000 in gross compensatory damage payments to approximately 150 lien agents and assignees in a variety of claim categories including the Tender and Prince William Sound 1989 fund categories.

May 19, 2009: Plaintiffs’ Counsel File Application With The Court To Distribute A New Round Of Punitive Damages

Plaintiffs’ Counsel has filed a forth application with Judge Holland for an order to begin punitive damage distributions to claimants in the Area Business, Non-Native Subsistence, Tender, Personal Injury, Personal Property, Aquaculture and Native Corporation claim categories who are not currently encumbered by liens, levies, assignments or any other impairment. For more information, you can view a copy of the fourth application here, a copy of the EQSF Administrator’s declaration here, and a copy of the exhibit A which lists all claimants included in this application here. We will update this website following court approval of this application.

May 14, 2009: The EQSF Makes More Than $4.6 Million in Punitive Damage Distributions

The EQSF has mailed checks for more than $4.6 million in gross punitive damages for impaired claims in the S03E, S03H and Prince William Sound 1989 Fund (F00E) categories from the second application to the court, as well as for claims that are no longer impaired from exhibit A and exhibit C of the third application to the court. The EQSF continues to work on the remaining impaired claims from the second application and will update this website, accordingly.

May 8, 2009: More than $21 Million in EQSF and AQSF Distributions Made

On May 7, 2009 the EQSF mailed checks for more that $21 million in punitive damages to 1900 claimants in the G01E, G01H, G01K, G34E, G34K, H01E, H01K, L12E, L21E and Real Property claim categories who do not have liens, levies or assignments and whose claims are not otherwise impaired. A copy of Exhibit C of the third application listing these claimants can be seen here.

 In addition, on May 8, 2009 the AQSF mailed checks for 261 claims in the Unoiled Fishery, C06B, D09E, K09E, M07B, P07E, P09E, P09H, and R12E claim categories totaling more than $142,000. This round of AQSF distributions included claims that were subject to IRS levies as well claims that were previously subject to IRS levies that had since been released by the IRS. 

May 4, 2009: The EQSF Makes $9 Million In Punitive Damage Payments.

On May 1, 2009 the EQSF initiated direct deposits for claims totaling more than $9 million to 585 claimants in the Aquaculture Associations (AQUA), G01E, G01H, G01K, G34E, G34K, H01E, H01K, L12E, L21E, Real Property, and Native Corporation claim categories who do not have liens, levies or assignments and whose claims are not otherwise impaired. A copy of Exhibit C of the third application listing these claimants can be seen here. The EQSF is currently preparing checks for claimants listed on Exhibit C of the third application who did not sign up for direct deposit and will update this website as soon as these checks are mailed.

May 1, 2009: EQSF Makes over $1.3 Million In Punitive and Compensatory Distributions

On May 1, 2009 the EQSF initiated distributions in excess of $1.3 million on 345 claims. This round of distributions included compensatory damage claims that were subject to a lien, levy or assignment in the PWS 1989 fund, D09H, D09K, NNSU, O01K, PINJ, PPRO, T09E, T09H, and W12K claim categories. Also included in this distribution were S04K claimants with a single lien, levy or assignment who were included in exhibit A of the second application to the court. The EQSF anticipates initiating additional punitive damage payments next week and we will update this website as this occurs.

April 27, 2009: EQSF Makes Approximately $700,000 in Distributions

Today the EQSF initiated direct deposits and checks on 124 claims totaling nearly $700,000. Additional payments will be initiated on a rolling basis this week. We will update this site as additional payments are made.

April 24, 2009: EQSF Preparing To Make Additional Distributions

The EQSF is in the midst of printing checks for various types of claims for mailing this coming Monday. Included in this round of distributions will be claimants on Lead Counsel’s First and Second applications to the court regarding punitive damages who have resolved impairments against their claims, claimants in the S02K and N00S claim categories with a single “mixed lien,” as well as compensatory damages payments to Tender and “Round 3” fishery claims for claimants who have liens and/or assignments. We will update this website as soon as such checks have been mailed.

April 24, 2009: The AQSF Distributes Another Round of Payments to Unoiled Fishermen

On April 24, 2009, The EQSF made a second distribution to claimants listed on Lead Counsel’s February 19, 2009 motion. This distribution was comprised of claimants whose claims were impaired at the time of the March 23rd distribution, but who have since resolved the impairment(s). The AQSF mailed 486 payments on claims totaling more than $327,000.

April 16, 2009: Court Approves Third Application To Distribute Punitive Damages

On April 15, 2009 Judge Holland issued an order authorizing the EQSF Administrator to begin distribution of punitive damages to claimants listed on Lead Counsel’s third punitive damage application dated March 25, 2009. A copy of Judge Holland’s Order can be seen here. For more information on who was included in this approved distribution, please refer to our March 26, 2009 entry.

April 14, 2009: EQSF makes over $ 7.8 million in distributions

The EQSF has initiated punitive damage payments in excess of $7.8 million (gross) on over 1000 certain impaired claims listed on Exhibit A of Lead Counsel’s second punitive damage application. This distribution consisted mainly of claimants who were subject to IRS withholding. The Administrator will update this website as additional payments are made.

April 8, 2009: EQSF Makes Payments To Child Support Agencies

On April 8, 2009 the EQSF initiated payments of over $1 million to child support agencies in five states for 231 claimants that were included on Exhibit A of Lead Counsel’s second punitive damage application and who were subject to a child support lien. We will continue to update this website as future payments are made.

April 6, 2009: IRS/Tax Issues

While the EQSF cannot provide tax advice, it is aware that the IRS recently sent out a form letter to claimants pertaining to the taxability of punitive damages received during tax year 2008. A copy of the IRS' form letter can be seen, here. This form letter appears to have been sent to all potential claimants, whether or not a claimant actually received a payment from the EQSF and whether or not such payment was for "punitive damages." Please note that the only punitive damages paid by the EQSF during tax year 2008 was to certain claimants in the gross amounts set forth on Exhibit A of Lead Counsel’s second punitive damage application, a copy of which can be seen, here. The fact that you received this form letter from the IRS does NOT mean that you received a payment from the EQSF or that you are entitled to a payment.

 With respect to 1099s issued by the EQSF for payments made during tax year 2008, the Administrator recently sent out corrected 1099s and a letter of explanation regarding the reporting of punitive damage payments. A copy of the Administrator's letter of explanation can be seen, here.

 You should consult with a tax advisor regarding any questions you have about the taxability and reporting of any payments you received from the EQSF.

March 26, 2009: Plaintiffs’ Counsel File Application With The Court To Distribute A New Round Of Punitive Damages

On March 25, 2009 lead counsel for All Plaintiffs filed a third application with Judge Holland for an order to begin punitive damage distributions to claimants in two distinct categories:

  • Claimants in the NATV, NOOS, F00E (PWS Fund), S01E, S03E, S04E, S03H, S04H, S01H, S01K, S02K, S04K, and S01L claim categories who have multiple liens, levies and assignments. A copy of Exhibit A of the third application listing these claimants can be seen here.
  • Claimants in the Aquaculture Associations (AQUA), G01E, G01H, G01K, G34E, G34K, H01E, H01K, L12E, L21E, Real Property, and Native Corporation claim categories who do not have liens, levies or assignments and whose claims are not otherwise impaired. A copy of Exhibit C of the third application listing these claimants can be seen here.

 Please note that claimants in the second group of claim categories who have liens, levies, assignments or other impairments will be included in an application to be filed at a later date. For more detailed information you can view a copy of the third application here and a copy of the EQSF Administrator’s declaration here.

March 24, 2009: The AQSF Makes over $1Million In Distributions to the Unoiled and Other Fisheries

On March 23, 2009, the Alyeska Qualified Settlement Fund (AQSF) mailed out payments on claims in excess of $1 Million on approximately 2200 unencumbered claims in the Unoiled Fishery, C06B, D09E, K09E, M07B, P07E, P09E, P09H, and R12E claim categories. Encumbered claims will be paid over the next few weeks, and we will post updates as those claims are made.

March 23, 2009: EQSF Makes Payments To Claimants With Tax Withholding

The EQSF has initiated punitive damage payments on more than 800 claims totaling more that $8 million for claimants included on Exhibit A of Lead Counsel’s second punitive damage application who were subject to voluntary tax withholding.

March 20, 2009: Court Approves AQSF Distributions to Unoiled and Other Fisheries

On March 12, 2009 Judge Holland issued an order Authorizing the Alyeska Qualified Settlement Fund (AQSF) Administrator to begin distribution of funds to claimants in the Unoiled Fishery, C06B, D09E, K09E, M07B, P07E, P09E, P09H, and R12E claim categories. A copy of the order can be viewed here. Accordingly, the AQSF will begin issuing distributions to approximately 2200 qualifying unimpaired claimants early next week. Claimants who have approved claims but whose claims are impaired (liens, bankruptcy, bad address, etc.) will be paid in future distributions. For more information on who was included in this approved distribution, please refer to our February 20, 2009 entry.

March 17, 2009: EQSF Makes $4 Million in Payments to Bankruptcy Trustees

The EQSF has initiated payments totaling more than $4 million to bankruptcy trustees for most claimants included on Exhibit A of Lead Counsel’s second punitive damage application who were subject to a bankruptcy lien. The EQSF is preparing to begin making distributions to claimants on Exhibit A who are subject to Voluntary Tax Withholding later this week. An update on the status of such payments will be forthcoming.

March 10, 2009: The EQSF makes $7 million of payments on punitive damages claims

The EQSF has initiated direct deposits and issued checks totaling more than $7 million on claims for which a prior impairment was removed or which required the re-issue of a prior payment. The Administrator is currently processing claims to be paid to Bankruptcy Trustees and claims for which claimants requested voluntary withholding. We will update this website as those payments are issued.

March 3, 2009

Judge Holland has issued an order denying the objection of Larry Powers and authorizing the EQSF Administrator to distribute punitive damages to claimants listed in Exhibit A of Plaintiffs' Counsel's January 20, 2009 application as well as to third-party non-claimant payees who hold an interest in a listed claimant's claim. To view a copy of Judge Holland's order, click here. For more detailed information on who was included on Exhibit A, please see our January 21, 2009 entry. On February 27, 2009 the EQSF Administrator made the first of several such distributions totaling more than five million dollars to the IRS on behalf of hundreds of claimants who have IRS levies against their claims. Direct deposits or checks were sent to claimants with any remaining balance on their claims after the satisfaction of their IRS levies.

The EQSF will continue to make weekly distributions to claimants listed on Exhibit A depending on the type of lien or impairments that they have against their claims (e.g. bankruptcy liens, child support liens, etc.). In addition, the EQSF is issuing corrected 1099s and/or re-issues of prior payments on a weekly basis. We will post information on this site regarding when payments in particular categories are made, so please check this site, frequently, for more information.

February 20, 2009

The Administrator has requested permission from the Court to make distributions from the Alyeska Qualified Settlement Fund ("AQSF") to claimants in unoiled and other fisheries who have not previously received distributions from the AQSF. The Administrator is sending a letter and tax form W-9 to all such claimants who would receive $600 or more but who do not have a current W-9 on file. A copy of the motion of lead counsel to make AQSF distributions can be seen, here. A copy of the Administrator's declaration and list of who would receive AQSF payments can be seen, here. A copy of tax form W-9 can be seen (and downloaded), here.

February 13, 2009

Today the EQSF began mailing just under 10,000 tax form 1099s to claimants who received a distribution of $600 or more during calendar year 2008. Please note that the EQSF does not issue 1099s to claimants who received less than $600 or claimants who are corporations.

Please note that the EQSF cannot provide advice as to the specific tax consequences to an individual claimant, which will depend on many other facts and circumstances. The information provided herein is intended to be general in nature and does not create an attorney-client relationship. Individual claimants are strongly encouraged to consult their own professional tax, accounting and legal advisors on individual tax matters. The EQSF assumes no obligation to inform any person of any changes in the tax law or other factors that could affect the information contained herein.

February 11, 2009

Though the court indicated in late January that it was inclined to rule on the second motion to distribute punitive damages on 2/9, Mr. Larry Powers has filed an objection to the motion. Plaintiffs’ counsel will move to have what it views as a spurious objection ruled on as quickly as possible so that the money can be distributed. To view a copy of Mr. Powers's opposition, please click here.

January 27, 2009

Direct deposits of COMPENSATORY damages for unimpaired claims in the Tender, D09H, T09H, T09E, D09K, O01K, W12K, PINJ, PPRO, NNSU claim categories were initiated on Thursday January 15, 2009. For those claimants who did not sign up for direct deposit, checks were mailed on January 26, 2009. For claimants in these categories whose claims are impaired by liens or for other reasons, we intend to make those distributions in early February.

January 21, 2009

On January 20, 2009 lead counsel for All Plaintiffs filed a second application with Judge Holland for an order to begin a second round of distributions of the punitive damages to claimants in the NATV, NOOS, F00E (PWS Fund), S01E, S03E, S04E, S03H, S04H, S01H, S01K, S02K, S04K, and S01L claim categories. This proposed round of distributions will include several different groups of claimants that were not included in the October 31, 2008 application. These groups are:

 1- Claimants who were able to resolve impairments with their claims such as bad addresses or missing Estate documentation.

2- Claimants involved in bankruptcies.
3- Claimants who have an outstanding IRS levy, but no other lien, levy or assignment.
4- Claimants who have not submitted a current W-9 to the EQSF.
5- Claimants who signed up for voluntary tax withholding.
6- Claimants who are or have indicated that they are subject to mandatory backup withholding.
7- Claimants who have an outstanding Child Support lien but no other lien, levy or assignment.
8- Claimants who have any other single lien, levy or assignment against their claims.

 Please note that claimants in these 13 categories who have multiple or complicated liens/impairments are not included on this second application but will be included in a third application to be filed at a later date. For more detailed information on the reasons for these distinctions, please review the declaration of the EQSF Administrator here. You may also view a copy of the application here and Exhibit A here.

 For all claim categories not listed above, the EQSF will be filing similar applications for distribution in the coming months.

December 17, 2008

The EQSF has completed the direct deposits and issuance of punitive damages checks to those claimants listed on Exhibit C. No further claim payments will be made in 2008, as the EQSF must now prepare to issue 1099s to all claimants who received claim payments in 2008. Claimants who received payments in 2008 should consult with a tax advisor.

In early 2009, the EQSF will issue compensatory damage payments to claimants whose claims were recently approved by Judge Holland. A copy of the orders approving compensatory damage payments to various claim categories can be seen, here and here. The Administrator also intends to seek court approval for payments to "unoiled" fishery claimants from the Alyeska Qualified Settlement Fund.

In early 2009, the EQSF intends to seek court approval to make punitive damages payments to those claimants who did not appear on Exhibit C, but who have valid claims in those claim categories. The EQSF will thereafter seek court approval for punitive damages distributions in other claim categories. A schedule for making punitive damages distributions to other claim categories has not yet been established.

November 26, 2008

Plaintiffs' counsel in the Exxon Valdez Litigation announced today that the process of distributing punitive damages money to claimants who have no outstanding liens in 13 claim categories (oiled fisheries, Native subsistence , and the Prince William Sound Fund) consistent with the Judge Russell Holland's November 24 order is now underway, and should be completed by mid-December. "Barring some unforeseen event," we intend to complete this distribution round by December 15," said Lynn Sarko, Exxon Qualified Settlement Fund Administrator. The Fund is the legal entity that is charged with distributing monies from the Exxon Valdez oil spill litigation to claimants.

For those claimants who have already signed up to receive funds by direct bank deposit, the next round of payments is expected to be made on or about Friday, December 5.

For those who will receive distributions by check, they should be mailed no later than Monday, December 15.

Though the cutoff date has passed for claimants to request "direct deposit" for the current round of distributions, plaintiffs' counsel encourage all claimants to request direct deposit for future rounds as it results in quicker payments, and is less costly. About one quarter of the claimants have already applied to participate in the direct deposit program.

"Claimants who are listed in our October 31 application to Judge Holland now have an accurate estimate of the amount they will soon receive, and will be able to do appropriate year end financial and tax planning," said Sarko. Because Judge Holland has authorized an attorney fee of 22.4%, claimants should receive 77.6% of the gross amounts that are listed in court documents. The documents listing the gross distribution amounts for each claimant can be viewed on the Anchorage Daily News web site, and on the EVOS web site, www.exspill.com. Thus, someone whose claim is listed at $10,000 should expect a check for $7,760.

Efforts will be made in early 2009 to distribute punitive damages money to claimants in the 13 categories who have active liens, and to claimants in the remaining 39 claim categories.

"We tried to distribute as much money as possible to the largest number of claimants in 2008," said Sarko. "We are very pleased that Judge Holland has authorized us to begin the punitive damage distributions. We understand that many claimants are in desperate need of these funds in these difficult economic times."

November 25, 2008

On November 24, 2008 Judge Holland denied Sea Hawk's motion to order a hold-back of punitive damages while Sea Hawk appeals to the Ninth Circuit. A copy of Judge Holland's order can be viewed, here.

November 21, 2008

Sea Hawk is appealing Judge Holland's denial of its motion to vacate the Plan of Allocation. A copy of Sea Hawk's notice of appeal to the Ninth Circuit can be seen, here.

November 20, 2008

On November 18, 2008 Sea Hawk Seafoods, Inc. filed an opposition to Lead Counsel's application for an order to begin distributing punitive damages to select claim categories. A copy of Sea Hawk Seafood's opposition can be viewed, here. In its opposition, Sea Hawk asks Judge Holland to hold back up to $60 million of the punitive damages while Sea Hawk appeals Judge Holland's denial of Sea Hawk's motion to vacate the plan of allocation.

November 12, 2008

Today Judge Holland denied Sea Hawk's motion to vacate the Plan of Allocation. A copy of that order can be found, here.

October 31, 2008

On October 31, 2008 lead counsel for All Plaintiffs filed an application with Judge Holland for an order to begin distribution of the punitive damages received from Exxon to the NATV, NOOS, F00E (PWS Fund), S01E, S03E, S04E, S03H, S04H, S01K, S02K, S04K, and S01L claimants. The application and supporting declaration of the EQSF Administrator explain why distribution of punitive damages will begin with these claim categories to claimants whose claims are not impaired by liens. Moving forward with this proposed distribution is also contingent on a satisfactory outcome of the motion filed by Sea Hawk. A copy of the application can be viewed, here, and a copy of the declaration of the EQSF Administrator can be viewed, here.

October 27, 2008

On October 27, 2008 Judge Holland issued a scheduling order pertaining to Sea Hawk Seafoods' motion to set aside the Plan of Allocation. A copy of this order can be viewed here.

October 27, 2008

On October 24th 2008 Plaintiffs' counsel filed a response brief to Sea Hawk Seafoods' motion to have the Plan of Allocation set aside. You can view a copy of Plaintiffs' brief here.

October 21, 2008

On October 15th, 2008 both Exxon and the Plaintiffs filed response briefs in the Ninth Circuit Court of Appeals on the issues of interest and costs. You can view Exxon's brief, here. You can view Plaintiffs' brief, here.

Optional reply briefs are due by October 29th, 2008 and will be posted upon receipt.

October 21, 2008

On September 24th, 2008 both Exxon and the Plaintiffs filed briefs in the Ninth Circuit Court of Appeals on the issues of interest and costs. You can view Exxon's brief, here. You can view Plaintiffs' brief, here.

October 13, 2008

Sea Hawk Seafoods, whose principal is Terry Bertoson, has filed a motion asking Judge Holland to set aside the 1996 Plan of Allocation. You can see a copy of Sea Hawk's motion, here.

Because Sea Hawk’s motion asks that the court throw out the current plan of allocation and start over with a new plan to allocate the punitive damage money that we recently received from Exxon, plaintiffs’ counsel believe that a ruling from Judge Holland is necessary before any distributions of punitive damages can be made. Plaintiffs' response brief is due Friday, October 24. Plaintiffs' counsel will oppose the SeaHawk motion, ask that Judge Holland reaffirm the 1996 plan of allocation and all of the distribution plans on which it is based, and to rule upon the motion on or before November 15, 2008 . The EQSF is hopeful that SeaHawk's motion can be sufficiently resolved in time to allow the EQSF to make some distributions of punitive damages before the end of the year, but at this point we are on hold. Updates will be posted as developments unfold.

September 16, 2008

On September 10, 2008, the Ninth Circuit Court of Appeals issued an order stating "Pursuant to the opinion of the United States Supreme Court and the stipulation of the parties, this matter is remanded to the district court for entry of judgment remitting the award of punitive damages to five hundred seven million, five hundred thousand dollars." You can view this order here.

September 16, 2008

On September 10, 2008 the Ninth Circuit Court of Appeals issued an order to stay the mandate in this case pending resolution of issues pertaining to interest and costs and establishing a briefing schedule to address these matters. You can view this order and briefing schedule here.

August 28th, 2008

Exxon has now made a payment to plaintiffs of approximately $383 million in partial satisfaction on the $507.5 million judgment that the Supreme Court ordered. Exxon has given notice that it continues to want to dispute plaintiffs' entitlement to interest, as well as costs. Under the agreement reached on the transfer, receipt of the $383 million by plaintiffs will not prejudice Exxon's right to argue that plaintiffs must pay some of Exxon's costs incurred by Exxon when it posted a Letter of Credit to stay the enforcement of our judgment during the appeal process, and that plaintiffs are not entitled to interest. Nor will plaintiffs be prejudiced in their argument that Exxon must pay interest since 1996, and that Exxon is entitled to no offset for the cost of its letter of credit.

August 13th, 2008

Today the United States Supreme Court entered its mandate (order) to the Ninth Circuit to reduce the amount of the punitive damage award. The Supreme Court declined to decide the issue of plaintiffs' entitlement to interest and ordered the Ninth Circuit to make that decision. A copy of the mandate can be found (here).

July 18th, 2008

On July 18, 2008 the plaintiffs filed a reply brief in the United States Supreme Court in response to Exxon's brief dated July 8, 2008 regarding an award of interest. A copy of plaintiffs' reply brief can be found, here.

July 15th, 2008

On July 15, 2008, Exxon filed its brief in the United States Supreme Court in response to plaintiffs' brief regarding an award of interest. A copy of Exxon's brief can be found, here.

July 14th, 2008

On July 8, 2008 the plaintiffs filed a brief in the United States Supreme Court with respect to the issue of an award of interest. A copy of the brief can be found, here.

June 25th, 2008

Today the Supreme Court of the United States, in a five to three ruling, reduced the amount of punitive damages that Exxon must pay to $507.5 million. A copy of the decision can be read, here. The reduction of punitive damages is a terrible blow to the victims of the Exxon Valdez oil spill.

Going forward, the Supreme Court must issue a formal order to the Ninth Circuit to reduce the amount of punitive damages to $507.5 million, after which the Ninth Circuit must issue a mandate to Judge Holland to enter final judgment for the amount of punitive damages allowed by the Supreme Court, plus interest. This process is expected to take a number of months, after which Exxon has up to 60 days to pay the amount of the final judgment. We will update this message as the time line unfolds and we have more certainty as to when monies will be available for distribution to claimants.

June 23th, 2008

On June 13, 2008 the Exxon Qualified Settlement Fund began distributions of the compensatory portion of the Prince William Sound 1989 Fund. The first distributions were wired to the bank accounts of qualified claimants who had arranged for direct deposit. Checks for the remainder of the compensatory distributions for the 1989 Fund were mailed on Friday, June 20th. Distributions to Lien Agents will follow. These distributions were made to qualified claimants with approved 1989 lost income claims in selected Prince William Sound claim categories.

June 17th, 2008

Members of the Plaintiffs’ Allocation Committee will be hosting a series of client meetings between June 27 and July 1 to provide an update as to the status of the Exxon Valdez Oil Spill litigation and answer client questions. The times, dates and locations of these meetings are as follows:

6/27: Kodiak, from 1:30 PM - 3:30 PM

Kodiak College
Benny Benson Road
Kodiak, AK 99615

6/28: Kenai, from 11:00 PM – 12:30 PM

Kenai Landing (Old Ward's Cove Cannery)
2101 Bowpicker Lane
Kenai, AK 99611

6/29: Cordova, from 10 AM – 12:00 PM

Masonic Hall

6/30: Anchorage, from 12:00 PM until 2:00 PM

Municipal Assembly Chambers
Loussac Library
3600 Denali Street
Anchorage, AK 99503

7/1: Seattle, from 2:30 PM until 5:00 PM

The Naval Reserve Building
The Great Hall
860 Terry Avenue North
Seattle, WA 98109

February 27, 2008

Today the Supreme Court of the United States heard oral arguments in the Exxon Valdez Oil Spill case. You can view a copy of the official written transcript, here.

February 27, 2008

Today, National Public Radio's Nina Totenberg issued a report on the EVOS case finally being heard by Supreme Court. This report includes audio of Captain Hazelwood reporting the grounding and comments from lawyers for both sides. To hear the report, Click here to go to the NPR website and then click on the "Listen Now" button.

February 15, 2008

On February 15, 2008, the Supreme Court entered an order pertaining to oral argument. You can view the order here.

February 6, 2008

Sixteen separate Amicus Curie (Friend of the Court) briefs have been filed on or before the date January 29, 2008 on behalf of plaintiffs urging the Supreme Court to affirm the $2.5 billion punitive damages award against Exxon. You can view these briefs by clicking on the links below.

February 6, 2008

January 24, 2008 letter from State Attorney Generals Gansler (Maryland) and McKenna (Washington) to all other State Attorney Generals asking them to sign on to the Amicus Brief in support of plaintiffs.

January 22, 2008

Plaintiffs' Counsel filed our response brief with the Supreme Court on January 22, 2008. You can view a copy of the brief here.

January 22, 2008

National Public Radio's news program All Things Considered reported on the EVOS case, its nineteen year journey to the Supreme Court, and the persistent impact of the spill on PWS. To hear the report, click here to go to the NPR website and then click on the "Listen Now" button. 

December 18, 2007

Exxon filed its brief with the Supreme Court on December 17, 2007. You can view a copy of the brief here (PDF, 216KB). Our response brief is due on January 22, 2008 and oral arguments are scheduled for February 27, 2007.

October 29, 2007

On October 29, the United States Supreme Court issued an order granting Exxon's petition to review this case. The Supreme Court said that it will review three issues raised by Exxon: (1) whether Exxon can be held responsible for punitive damages under federal maritime law for the conduct of Captain Hazelwood; (2) whether judges may allow claims for punitive damages under federal maritime law if the penalties for an oil spill are controlled by the Clean Water Act; and (3) whether federal maritime law limits the amount of allowable punitive damages. The Supreme Court declined to review the constitutional limits of punitive damages and also declined to review our cross-petition to reinstate the entire five billion dollar award. Justice Alito took no part in the Court's decision.  

The Supreme Court's order granting certiorari can be viewed here (PDF, 273KB).

For past orders and updates, see the Litigation Archive.

 

Exxon Qualified Settlement Fund | PO Box 21945 | Seattle, Washington | 98111 | 1-800-397-7455

© 2007 by Lynn L. Sarko (Exxon Qualified Settlement Fund Administrator) All rights reserved. You may reproduce
materials available at this site for your own personal use and for non-commercial distribution. All copies must include the
above copyright notice. All photographs courtesy of the Exxon Valdez Oil Spill Trustee Council.