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Texas Judge caps Transocean's liability at $27million

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pscot Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-25-10 05:20 PM
Original message
Texas Judge caps Transocean's liability at $27million
Transocean owned the rig that blew up April 20, killing 11 workers and causing one of the worst U.S. oil spills in decades.

The liability limit set by Ellison's court is based on a 19th century federal maritime law. Lawsuits have been filed in numerous states, and Transocean has said it filed its petition under the 1851 Shipowner's Limitation of Liability Act to get all the lawsuits aggregated in one court.

Attorneys representing workers' widows and workers injured in the initial explosion said the limitation can be broken if they can prove Transocean was negligent. They also argued it was unfair to make families who have suffered wait even longer.Kurt Arnold, an attorney who has filed suit on behalf of at least 15 families, argued he can get the case moving along if he is allowed to begin the evidence-collecting process immediately.

"Let's get some documents produced in 30 days," Arnold argued. "Let's get some depositions and then we'll prove to Your Honor that we don't even need limitations."

While the judge acknowledged the families' pain and what he called a "horrific personal tragedy," he also noted the lawsuits and issues were complex.


http://www.talkingpointsmemo.com/news/2010/05/transocean_seeks_delay_of_oil_spill_depositions.php
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Scuba Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-25-10 05:33 PM
Response to Original message
1. the "issues were complex" ....
... that's a euphamism for "fuck you"
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Autumn Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-25-10 05:34 PM
Response to Original message
2. Wow
just wow.
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Poll_Blind Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-25-10 05:39 PM
Response to Original message
3. "...the 1851 Shipowner's Limitation of Liability Act..."
:eyes:

PB
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NavyMom Donating Member (170 posts) Send PM | Profile | Ignore Tue May-25-10 05:54 PM
Response to Original message
4. Can their business license be revoked to do business in US? nt
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benld74 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-25-10 06:01 PM
Response to Original message
5. EFFFF the 1851 Shipowner's Limitation of Liability Act,,,,,
This is exactly what the rethugs want with The Constitution
Don't allow MODERN times to influence it
THIS IS TOTAL and nonsensical BS
Times change
People change
Technology changes
LAWS MUST CHANGE AS WELL
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kelly1mm Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-25-10 08:56 PM
Response to Original message
6. just for clarification - it was a Federal Judge in TX, not a state
court judge and, legally, he mae the right decision at this time. The 1851 law, as congress has seen fit to remain unchanged, limits ship owner's liability for an accident to the value of the ship itself. Whether the drilling rig is/was a "ship" is an interesting question, one that this Judge found was the case. However, I believe there may be an way out of the cap if Transocean is found to be negligent. Not saying they were not, but kind of flies in the face of the "BP is the responsible party" meme the administration has been putting out lately.

You don't get to pass ex post facto laws just because you (congress) was too lazy/shortsighted/bought off to take action sooner.
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pscot Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-25-10 10:13 PM
Response to Reply #6
7. Since I've been caught
I will admit that the term "texas judge" was a deliberate choice on my part, calculated to catapult the propaganda. It was a wicked thing to do. I should probably be ashamed of myself, and I would be if I were a better person.
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dixiegrrrrl Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-26-10 09:59 PM
Response to Reply #7
8. I will beat that in mind in future.
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notesdev Donating Member (1000+ posts) Send PM | Profile | Ignore Thu May-27-10 02:30 AM
Response to Original message
9. Transocean may not be the villain here
if reports are correct they are on the record as having strongly (and heatedly) opposed BP's actions that led to the event, and BP took them unilaterally, anyway.
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Statistical Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-28-10 02:43 PM
Response to Original message
10. Transocean likely has little to no liability.
There is nothing to indicate that the rig was defective.

BP acted improperly and continued to drill despite safety equipment being damaged.

Transocean simply supplied the rig. They have no more liability than Ford has liability if one of their cars is used in a bank robbery.

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