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(Cato-at-Liberty)   Judge allows class action suit by victims of Hurricane Katrina against energy companies, whom the plaintiffs claim made the storm worse, to proceed. Next up: Suing the Moon for causing tides   (cato-at-liberty.org) divider line 270
    More: Stupid, Hurricane Katrina, Suing the Moon, greenhouse gas emissions, Jackson's Consumer Class Actions, federal appeals court, University of Illinois, Gulf Coast, Mass Torts Blog  
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7961 clicks; posted to Main » on 20 Oct 2009 at 12:42 PM (5 years ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



270 Comments   (+0 »)
   

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2009-10-20 10:50:16 AM  
Betcha the judge is a democrat.
 
2009-10-20 10:58:28 AM  
It's all about the deep pockets. Even if they get some pathetic settlement, you can bet the lawyers will be raking in up to 50% while the plaintiffs get a whopping ten dollar gift certificate to Walmart or something.

/kill the lawyers
 
2009-10-20 10:58:42 AM  
jehovahs witness protection: democrat demonrat
 
2009-10-20 11:06:59 AM  
jehovahs witness protection: Betcha the judge is a democrat.

A three-judge panel. Two appointed by Clinton, one by Reagan.
 
2009-10-20 11:22:50 AM  
Man. This is brilliant. Why didn't anyone think of this before? The victims of the 1900 Galveston Hurricane, Hurricane Camile and the other storms that have devastated areas along the coast for all these years could be rolling in the dough!
 
2009-10-20 11:28:54 AM  
Mississippi is a well-known "judicial hellhole" that generates ridiculous tort litigation, so I'm not surprised to see this silliness coming out of there, but the ruling by the Fifth Circuit surprises me. I imagine an en banc rehearing will dispose of it, if it goes to the full court.
 
2009-10-20 11:39:10 AM  
Nabb1: Mississippi is a well-known "judicial hellhole" that generates ridiculous tort litigation, so I'm not surprised to see this silliness coming out of there, but the ruling by the Fifth Circuit surprises me. I imagine an en banc rehearing will dispose of it, if it goes to the full court.

After a quick look at the order, it looks like the panel is simply saying that the plaintiffs have standing to pursue a common law nuisance claim:

Defendants moved to dismiss plaintiffs' claims on the grounds that the
plaintiffs lack standing to assert their claims and that their claims present
nonjusticiable political questions. The district court granted the motion and
dismissed the claims. The plaintiffs timely appealed. For the reasons discussed
herein, we conclude that the plaintiffs have standing to assert their public and
private nuisance, trespass, and negligence claims, and that none of these claims
present nonjusticiable political questions


I still say it's a bullsh*t lawsuit, but this is a pretty narrow ruling.
 
2009-10-20 12:06:26 PM  
On the upside, if this thing goes through, Iron Ball McGinty will be able to collect his one dollar and NINE CENTS!
 
2009-10-20 12:44:00 PM  
Can I sue oxygen for making fire burn?
 
2009-10-20 12:44:01 PM  
Evvabuddy gots ta get paid.
 
2009-10-20 12:45:17 PM  
The moon is an asshole.
 
2009-10-20 12:45:29 PM  
Tort Reform. It isn't just to control medical costs anymore.
 
2009-10-20 12:47:01 PM  
AliasUndercover: Can I sue oxygen for making fire burn?

No. But can you sue the gas company for a gas leak that caused your house to explode?

/just a better analogy, that's all
 
2009-10-20 12:47:14 PM  
Shostie: Man. This is brilliant. Why didn't anyone think of this before? The victims of the 1900 Galveston Hurricane, Hurricane Camile and the other storms that have devastated areas along the coast for all these years could be rolling in the dough!

Why not just sue the founder of NoLa that decided to build a city below sea level.
 
2009-10-20 12:48:42 PM  
Whoa! Think of all the cheese the moon would have to dole out. I'm off the see my lawyer.
 
2009-10-20 12:49:17 PM  
Can I sue "A Flock of Seagulls" for this bad haircut?

Seagulls are known to frequent coastal areas...

which get hit with hurricanes...

Yep, sounds like a case to me!
 
2009-10-20 12:49:47 PM  
Well, to be honest, this device does take quite a bit of energy... and rare crystals...

i25.photobucket.com

/Shirley it's not obscure
 
2009-10-20 12:50:39 PM  
It looks like a sound idea. You know, it really has nothing to do with those idiots living so close to the levees.
 
2009-10-20 12:50:40 PM  
I love it. Comments before this went green: The state is notorious for bad tort litigation; it's just a common law nuisance case; musings on the political disposition of the judges. Then...

posted to Main » on 20 Oct 2009 at 12:42 PM

And, it begins:

AliasUndercover: Can I sue oxygen for making fire burn?

airsupport: Evvabuddy gots ta get paid.

Doctor Funkenstein: The moon is an asshole.

All your base are belong to the liters! Don't try to stop us. It would be like trying to clean a turd with piss.
 
2009-10-20 12:50:55 PM  
jehovahs witness protection: Betcha the judge is a democrat.
hoping for a good show when the energy companies challenge the plaintiffs for evidence that they had anything to do with things.
 
2009-10-20 12:51:11 PM  
Let's sue the volcanoes too whilst were at it. And cows..
 
2009-10-20 12:51:22 PM  
And if it ever got to a jury, the dumbasses would award billions.
 
2009-10-20 12:51:46 PM  
So does this mean that, as energy consuers, the plaintifs will see higher costs in their monthly bills to offset the cost of the class action lawsuit settlement?
 
2009-10-20 12:51:49 PM  
Can we sue the victims for living below sea level?
 
2009-10-20 12:52:02 PM  
airsupport: Evvabuddy gots ta get paid.

Actually, lawyers ALWAYS be gittin paid. Errybody else be gittin played.
Which begs the question: why in the hell don't all of the gangstas form study groups and go to law school????????

\"hells yesss, biatch - ima bouta takes da bar."
 
2009-10-20 12:52:16 PM  
wee beastie: Shostie: Man. This is brilliant. Why didn't anyone think of this before? The victims of the 1900 Galveston Hurricane, Hurricane Camile and the other storms that have devastated areas along the coast for all these years could be rolling in the dough!

Why not just sue the founder of NoLa that decided to build a city below sea level.


Yeah, cause NOLA was built before levees and such, it flooded all the time and was completely 100% flooded after Katrina.

You dumbass.
 
2009-10-20 12:52:24 PM  
airsupport: Evvabuddy gots ta get paid.

SHEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEIT
 
2009-10-20 12:52:32 PM  
So what everyone here is saying then is that there's no cause and effect between energy consumption and environment catastrophes? I'll remember this thread the next time a "oh my god, the glaciers are melting" story comes up.
 
2009-10-20 12:52:43 PM  
Big Energy doesn't care about black people.
 
2009-10-20 12:52:46 PM  
Aw, Subby is butthurt because our Constitution allows everyone their day in court?
Look, this is a preliminary ruling. All it says is "yes, you can have a day in court." It doesn't say the energy companies are liable, just that the plaintiff's theory isn't completely retarded, so we'll let them try to actually argue it.
 
2009-10-20 12:52:56 PM  
PsyLord: Well, to be honest, this device does take quite a bit of energy... and rare crystals...



/Shirley it's not obscure


www.3click.tv

Certainly not.
 
2009-10-20 12:53:01 PM  
Isn't it about time everyone in New Orleans shut the hell up already? I mean you knew what could happen and stayed there, so go sue your self.
 
2009-10-20 12:54:30 PM  
My goal in life is to destroy the moon.
 
2009-10-20 12:54:39 PM  
jehovahs witness protection: Betcha the judge is a democrat.

Ding! Ding! Ding! We have a winner!
 
2009-10-20 12:55:12 PM  
Weird Al Yankovic has a song for that.
i3.ytimg.com
 
2009-10-20 12:55:24 PM  
To quote Shakespeare:"The first thing we do, let's kill all the lawyers."
 
2009-10-20 12:56:06 PM  
PsyLord: Well, to be honest, this device does take quite a bit of energy... and rare crystals...



/Shirley it's not obscure


I FAIL at linking the correct device...

i258.photobucket.com
 
2009-10-20 12:56:36 PM  
Next up: Suing the Moon for causing tides causing more people to show up in the hospital.
 
2009-10-20 12:56:48 PM  
FTA: Their claim: that the defendants' greenhouse gas emissions raised air and water temperatures on the Gulf Coast, contributing to Katrina's strength and causing property damage.

Assuming, for a moment, this wasn't a complete BS lawsuit, they'd still have to demonstrate Katrina was impacted by global warming. Wouldn't the defense to that be "If that were true, we'd have Katrinas every year, and we haven't"?

Because we've never, ever had really bad hurricanes before. Assuming I ever get elected, I'm going to push some legislation where the loser always pays for both sides and court costs, and if the loser can't afford it, the lawyer pays.
 
2009-10-20 12:58:05 PM  
wee beastie: Why not just sue the founder of NoLa that decided to build a city below sea level.

Pretty good chance France would settle out of court without putting up a fight.
 
2009-10-20 12:59:10 PM  
Ughh, here's how oil companies directly worsened the storm...

The wetlands between NOLa and the Gulf were criss-crossed with shallow canals to facilitate oil exploration.

Digging the canals left short (less than 1 foot) dikes holding water back.

This caused the wetlands to dry out. That caused them to shrink and no longer act as a buffer.

Thus, the question is whether the energy companies are criminally negligent in causing the storm impact to be worse. The problem has been known for some time, but fixing the canals so they water the wetlands again was never done.
 
2009-10-20 12:59:23 PM  
Noexit: wee beastie: Why not just sue the founder of NoLa that decided to build a city below sea level.

Pretty good chance France would settle out of court without putting up a fight.


Reparations!!
 
2009-10-20 12:59:28 PM  
Doctor Funkenstein: The moon is an asshole.

Yes. He is.

mysite.verizon.net
 
2009-10-20 01:00:14 PM  
Nutsac_Jim: Next up: Suing the Moon for causing tides causing more people to show up in the hospital.

Sounds like a bunch of lunatics.
 
2009-10-20 01:00:14 PM  
palelizard: Wouldn't the defense to that be...

So the defendants should get the chance to put up a defense? You mean, this should go to trial? Hey, you agree with the court!

Premature outrage is premature.

/much like Subby's ejaculations
 
2009-10-20 01:00:21 PM  
This is long overdue!

The oil companies really dodged a bullet when they won that case about waking Godzilla and the consequent destruction of Tokyo.
 
2009-10-20 01:00:23 PM  
jpinksto: Yeah, cause NOLA was built before levees and such, it flooded all the time and was completely 100% flooded after Katrina.

You dumbass.


Overreact much?
 
2009-10-20 01:01:40 PM  
jpinksto: wee beastie: Shostie: Man. This is brilliant. Why didn't anyone think of this before? The victims of the 1900 Galveston Hurricane, Hurricane Camile and the other storms that have devastated areas along the coast for all these years could be rolling in the dough!

Why not just sue the founder of NoLa that decided to build a city below sea level.

Yeah, cause NOLA was built before levees and such, it flooded all the time and was completely 100% flooded after Katrina.

You dumbass.


NoLa was actually built before it was below sea level. The reason it's below sea level now is because the silt deposits from the Mississippi river aren't capable of dropping their dirt on city streets, thanks to the levees...which means the city sinks.

I'd like to sue Greenpeace and PETA for the seagull that took a dump on my car, damaging my paint. AMIDOINGITRIGHT?
 
2009-10-20 01:02:34 PM  
Whiners mis-representing a judicial ruling?

/Never happens.
 
2009-10-20 01:02:43 PM  
I wonder if we can sue the plantiffs for farting. That's a known greenhouse gas. And cows. They can pay their settlement in beef. Mmmm... settlement... Anyway, as soon as all the plantiffs stop farting and thereby contributing to the problem, their case can be heard.
 
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