Oklahoma Supreme Court

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Petition for review denied

April 12, 2010

U.S. Chamber urges Oklahoma Supreme Court to review punitive damages award violation

March 04, 2010

NCLC urged the Oklahoma Supreme Court to decide whether a punitive damages award that was 71 times larger than the compensatory damages violates the Due Process Clause. In 2008, an Oklahoma jury levied $53 million in punitive damages against Shell for allegedly violating a fiduciary duty owed to trustees of royalty payments on oil and gas leases in the state. In a statement urging the Oklahoma Supreme Court to review the award, NCLC argued that the punitive damages award is unconstitutionally disproportionate to the amount of compensatory damages. NCLC warned that unless the Oklahoma Supreme Court vacates the award, plaintiffs will flock to Oklahoma courts because of its evident hospitality toward arbitrary, blockbuster punitive damages - a trend that would drive businesses away from the state.

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