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ExxonMobil says Mobile Bay royalties decision defies common sense

Posted: 16 November 2003

Exxon Mobil Corporation called the recent decision in the Mobile Bay royalties dispute by an Alabama District Court jury unjustified and excessive.

"The company did not engage in fraud, no evidence of fraud was established at trial, and fraud should never have been considered by the jury," said Sam Franklin, lead counsel for ExxonMobil. "The punitive award in this case defies common sense."

"In addition to being unjustified, the $11.8 billion punitive award is excessive -- more than 180 times the $63,500,000 compensatory damages. We intend to appeal this decision to the Alabama Supreme Court in light of the recent U.S. Supreme Court decision in Campbell versus State Farm that limits the size of punitive awards," said Franklin.

Since 1993, ExxonMobil has paid more than $1 billion in royalty and lease payments to the State, and the amount in dispute by comparison represents less than 5 percent of that amount.

ExxonMobil repeatedly advised the State of its payment method and calculation of royalties, according to Franklin. In addition, the company was advised by the State that any dispute over methodology would be resolved in the audit process.

Stuart McGill, president of ExxonMobil Production Company, said, "ExxonMobil's conduct during its long history in Alabama simply does not support the State's charges or this decision."

ExxonMobil's total capital investment in Alabama currently exceeds $3 billion and the company employs more than 200 people and thousands of contractors, and more than 200 retirees live in the State. Since 1995, ExxonMobil has contributed nearly $3.5 million to charitable, civic and educational organizations throughout Alabama.

Last year, the U.S. Department of the Interior honored ExxonMobil for excellence in mineral royalty and production reporting and compliance.

For more information see www.exxonmobil.com.

Posted by Richard Price, Editor Pipeline Magazine

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