Congress better get off it's ass and do something...

Discussion in 'Free Speech Alley' started by LaSalleAve, May 14, 2010.

  1. LaSalleAve

    LaSalleAve when in doubt, mumble

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  2. MLUTiger

    MLUTiger Secular Humanist

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    I understand that they were flying the flag of the Marshall Islands to limit the reach of US Regulations. Gotta love that.
     
  3. SabanFan

    SabanFan The voice of reason

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    It's called Limitation of Liability and it's always used in Maritimne Civil litigation.

    This part:

    Is flat out not true. Any maritime lawyer knows to file this in a case involving vessels and cargo right out of the gate.
     
  4. Indiana Tiger

    Indiana Tiger Founding Member

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    It will be difficult to get something thru congress, especially the Senate. The oil companies will always be able to find someone to carry their water. Alaska's Murkowski has already blocked legislation that would have dramatically increased liability caps on oil companies. If the situation was reversed and the leak was in Alaska, Vitter or Landrieu would probably do the same. Making companies responsible for the damage they cause would be socialism or something...
     
  5. red55

    red55 curmudgeon Staff Member

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    It's still an outdated law once intended to promote US shipping versus the competitive European merchant fleets.

    Shipping via sail was a very dangerous business in the 19th century. Before comprehensive insurance protection, it was important for investors and owners to have the security that their liability would not exceed the value of their investment — namely the value of the vessel. Thus, in its most basic form, the Limitation Act permitted vessel owners and bareboat charterers to limit their liability to the vessel's post-accident value.

    But today, almost all of the US merchant fleet is gone and comprehensive insurance is available. The shipping business is almost all foreign flagged, foreign crewed, and mostly foreign owned. It leaves us in the position of allowing foreign interests to use a law originally designed to promote US shipping to now evade liability to Americans for damages caused by their negligence in US waters.
     
  6. SabanFan

    SabanFan The voice of reason

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    Surely you're not suggesting that Transocean's attorneys should commit malpractice and ignore a legally available remedy? Besides, this one is on BP and it's contractors and suppliers.
     
  7. red55

    red55 curmudgeon Staff Member

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    I was very clear that I'm suggesting the law needs changing to reflect the situation that exists in 2010, not 1851.

    All of whom are insured. Their bloodsucking insurers are trying to weasel out on paying, I'm sure.
     
  8. Indiana Tiger

    Indiana Tiger Founding Member

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    A company the size of BP will be self-insured. This doesn't come anywhere near threatening their survival, but they will fight to the end (it's in their shareholders' interest), and they will only pay a fraction of the total costs.
     
  9. red55

    red55 curmudgeon Staff Member

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    Apparently its both.

     
  10. SabanFan

    SabanFan The voice of reason

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    Nope. The policies have limits. Those limits will be ponied up and it still won't be nearly enough.
     

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