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recoupment of prejudgment and postjudgment interest. Mr. Glasser
felt that there was not more than a 50-percent probability that a
jury would find in favor of Exxon on the liability issue.
Assuming Exxon did obtain a favorable ruling on the liability
issue, Mr. Glasser felt that there was not more than a 50-percent
probability that Exxon would be awarded decedent’s pro rata
portion, $1,032,315, of the base amount paid by Exxon to the DOE
judgment. Finally, Mr. Glasser felt that there was not more than
a 30-percent probability that Exxon would recover the $1,450,404
of prejudgment and postjudgment interest that it paid to the DOE
attributable to decedent’s pro rata share. Applying all these
probabilities, Mr. Glasser ultimately determined that the value
of the Exxon claim as of decedent’s date of death was
$475,639.35. Mr. Glasser provided the following chart
summarizing his calculations:
Probability of affirmative
findings on liability: 50%
Probability of assessment of
damages on $1,032,315 base
paid by Exxon: 50%, or $516,157.50
Less 50% liability
discount = $258,078.75
Probability of assessment of
pre- and post-judgment interest
of $1,450,404: 30%, or $435,121.20
Less 50% liability
discount = $217,560.60
Total $475,639.35
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