Limetree Case Set for Trial Under V.I. Law Expediting Claims of Plaintiffs 70 and Older

While claims against bankrupt Limetree Bay Refining over a flare incident that rained oil over St. Croix homes in 2021 have been tied up for two years in federal court, one man is about to have his day in court under the territory’s law that allows those 70 and older to have their cases expedited.

Superior Court Senior Sitting Judge Jomo Meade has set a July 31 trial date in the case of Vincent Liger v. Limetree Bay Ventures LLC and Limetree Bay Terminals LLC, citing the Virgin Islands law — Title 5 V.I.C. § 31(b) — that was enacted in 2021 to grant trial preference to older civil litigants.

In doing so, Meade rejected the defendants’ claim that the statute violates the separation of powers doctrine and the Equal Protection Clause.

“Although this provision is a recent development in Virgin Islands law, many jurisdictions implement statutes and rules which identify special circumstances warranting calendar preference,” Meade wrote in his order dated June 7. “By enacting section 31(b), the Virgin Islands Legislature has deemed it fit to grant that preference to litigants who have attained a certain age or who are experiencing certain critical health conditions,” he said.

While the Limetree defendants argued that the statute imposes limitations on the court’s discretion to set a schedule that accommodates the parties, thus violating the separation of powers between the court and the Legislature, Meade disagreed.