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(Some Guy)   BP to fishermen, seafood processors, restaurants, hotel owners: "Lawsuit? Sorry, you're not eligible"   (610wiod.com) divider line 92
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16557 clicks; posted to Main » on 14 Sep 2010 at 12:06 PM (3 years ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2010-09-14 11:30:21 AM
So starts the 20 year legal fight where the lawyers will get 99% of the money.
 
2010-09-14 11:34:14 AM
Uh...they can't sue because the GOVERNMENT is the one that made BP set up the $20B fund and they're the ones that are making the fishermen and others go through that fund before they can sue.

The Feds have always done everything they can to protect the oil companies from liability when it comes to accidents, and this one is no different.
 
2010-09-14 11:46:37 AM
dj_bigbird: Uh...they can't sue because the GOVERNMENT is the one that made BP set up the $20B fund and they're the ones that are making the fishermen and others go through that fund before they can sue.

The Feds have always done everything they can to protect the oil companies from liability when it comes to accidents, and this one is no different.


While true, didn't the government do the same thing for 9/11 claims? Set up a fund so compensation could be awarded with a modicum of sanity and proportion?

It's not a pretty picture for Gulf residents one way or the other. But I think this is preferable to all out lawsuit frenzy.
 
2010-09-14 12:01:09 PM
The real question is, will the $20 billion fund start paying out claims soon?
 
2010-09-14 12:03:44 PM
dj_bigbird: Uh...they can't sue because the GOVERNMENT is the one that made BP set up the $20B fund and they're the ones that are making the fishermen and others go through that fund before they can sue.

The Feds have always done everything they can to protect the oil companies from liability when it comes to accidents, and this one is no different.


As I understand it, you can either go to the fund or sue. Going to the fund should be quicker and easier, but you have to sign away your right to sue.

And as a lot of these folks have no income documentation (read: tax cheats) it is going to be harder for them to prove a loss.
 
2010-09-14 12:09:28 PM
"not entitled to sue"

Whisky Tango Foxtrot.

They may not be able to win a suit, but they don't need any entitlement to file suit.

I live in Illinois, and I can file a suit. It may be dismissed, but really? Entitled?
 
2010-09-14 12:10:31 PM
You can't sue someone until you have first made a good faith effort to ask them for what you feel you are due. Judges throw out cases all the time against plaintiffs who never notified defendants of a claim.
 
2010-09-14 12:13:57 PM
Well, if I was BP I would be telling people they are not eligible to sue. If even a small percentage believe me, I've saved a ton of money.


/I am not responsible for damage caused by this post.
 
2010-09-14 12:14:27 PM
You know, being that we're suppose to be a capitalist nation, the government should stop lending a hand to corporations. They're supposed to be free enterprises that make it on their own. If they screw up, they should own up to it.
 
2010-09-14 12:15:10 PM
Coconice:
Whisky Tango Foxtrot.


I know this is a serious topic, but that made me Ell Oh Ell...thanks!
 
2010-09-14 12:15:18 PM
If for some reason they can't obtain relief from the fund, I'm sure they'll be able to sue.

If they genuinely want to be made financially whole, the relief fund is the obvious way to go.

If what they (and their lawyers) actually want is to go venue-shopping and play lawsuit lottery for a massive payoff, then yeah, gentlemen, start your litigation.
 
2010-09-14 12:16:50 PM
We all know that there will be an insane number of stupid claims on BP. Hopefully there can be a balance between good claims being paid and jerks looking for money being denied.
 
2010-09-14 12:18:00 PM
EvilEgg:
As I understand it, you can either go to the fund or sue. Going to the fund should be quicker and easier, but you have to sign away your right to sue.

And as a lot of these folks have no income documentation (read: tax cheats) it is going to be harder for them to prove a loss.


I've always been impressed with how many self employed (fishermen is a great expample) that don't bother with any real bookkeeping beyond a bank statement.
 
2010-09-14 12:20:06 PM
EvilEgg: dj_bigbird: Uh...they can't sue because the GOVERNMENT is the one that made BP set up the $20B fund and they're the ones that are making the fishermen and others go through that fund before they can sue.

The Feds have always done everything they can to protect the oil companies from liability when it comes to accidents, and this one is no different.

As I understand it, you can either go to the fund or sue. Going to the fund should be quicker and easier, but you have to sign away your right to sue.

And as a lot of these folks have no income documentation (read: tax cheats) it is going to be harder for them to prove a loss.




Yea, I'm having a hard time feeling sorry for some of the people complaining about not being able to prove their income because they did everything in cash and never paid a cent in taxes on it.

Sorry folks, but while you might have saved yourself some money over the years, this is one of the risks you take when you do everything under the table.
 
2010-09-14 12:22:50 PM
Bunnyhat: Sorry folks, but while you might have saved yourself some money over the years, this is one of the risks you take when you do everything under the table.

It would be great fun, if after they collected their BP payout, the government handed them a bill for back taxes.
 
2010-09-14 12:23:41 PM
Corporate actions always result in the best interests of society.

YOU *WILL* COME OUT AHEAD, PLEBES
 
2010-09-14 12:24:22 PM
SphericalTime: The real question is, will the $20 billion fund start paying out claims soon?

$150 million in the last three weeks, $650 million total, mostly (if not all) emergency payments, not final settlements.
 
2010-09-14 12:26:22 PM
Fishermen to BP; "Hey we can't fish, we'll go broke."

BP to fishermen; "Don't worry, we'll pay you more than your best year ever to work for us until the spill is fixed."

Fishermen to BP; "Great, thanks."

Fishermen to Uncle Sam; "What do you mean we have to pay taxes on this money BP is paying us?"

Fishermen to Lawyers; "Hey what the hell! Lets sue anyway."

Does that about cover it?
 
2010-09-14 12:27:06 PM
I would be surprised if they end up spending any money at all. When the Exxon-Valdez spill happened the oil company was hit with a high fine. They put the money away in some account put it as a loss in their balance sheet so they would not have to pay taxes and then they started to sue to have the fine reduced. After it was cut in half by well greased courts they simply sued again and then again to have it further reduced. In the end it was a tiny fraction of what they had originally been fined and the money that the had put away had amassed a small fortune in interest. I think they might actually have turned a profit on the whole thing.

Warren Anderson who probably killed more people in Bhopal than Saddam killed in Iraq got away with murder and is actively protected by the US government from being hold responsible for his sins while the company involved underwent a quick change of identity that left it with most of its assets and none of its legal responsibilities.

If you want justice against big companies and the billionaires who lead and own them don't trust the system to give it to you.
 
2010-09-14 12:31:36 PM
tufty: Fishermen to BP; "Hey we can't fish, we'll go broke."

BP to fishermen; "Don't worry, we'll pay you more than your best year ever to work for us until the spill is fixed."

Fishermen to BP; "Great, thanks."

Fishermen to Uncle Sam; "What do you mean we have to pay taxes on this money BP is paying us?"

Fishermen to Lawyers; "Hey what the hell! Lets sue anyway."

Does that about cover it?


If you enjoy the taste of salty corporate cawk sliding down your apologist throat, then yes Rush, that covers it. .
 
2010-09-14 12:34:43 PM
notschy: Coconice:
Whisky Tango Foxtrot.


I know this is a serious topic, but that made me Ell Oh Ell...thanks!


Don't you mean "Lima Oscar Lima"?
 
2010-09-14 12:35:19 PM
Occam's Nailfile: You can't sue someone until you have first made a good faith effort to ask them for what you feel you are due. Judges throw out cases all the time against plaintiffs who never notified defendants of a claim.

This. Maybe it's just me, but I don't see the issue here. They have to first try to get whatever their claim is from the fund. I don't know how it works, but if they go to the fund, say they're owed x amount of dollars, and BP refuses to give them that amount (and tries to push a smaller amount off on them), then the next step would be to sue.

If it's set up where they just say "Give me money." and BP gets to say "Ok we'll give you tree fitty" and they're stuck with whatever BP gives them with no recourse, then that's different and I'd take issue.
 
2010-09-14 12:36:12 PM
tufty: Fishermen to BP; "Hey we can't fish, we'll go broke."

BP to fishermen; "Don't worry, we'll pay you more than your best year ever to work for us until the spill is fixed."

Fishermen to BP; "Great, thanks."

Fishermen to Uncle Sam; "What do you mean we have to pay taxes on this money BP is paying us?"

Fishermen to Lawyers; "Hey what the hell! Lets sue anyway."

Does that about cover it?


You do realize that one year of fantastic income doesn't even come close to the NPV of a stream of income earned over a lifetime... RIGHT?

/unless that one year of fantastic income exceeds the npv
//something astronomically unlikely
 
2010-09-14 12:42:22 PM
Bunnyhat: EvilEgg: dj_bigbird: Uh...they can't sue because the GOVERNMENT is the one that made BP set up the $20B fund and they're the ones that are making the fishermen and others go through that fund before they can sue.

The Feds have always done everything they can to protect the oil companies from liability when it comes to accidents, and this one is no different.

As I understand it, you can either go to the fund or sue. Going to the fund should be quicker and easier, but you have to sign away your right to sue.

And as a lot of these folks have no income documentation (read: tax cheats) it is going to be harder for them to prove a loss.



Yea, I'm having a hard time feeling sorry for some of the people complaining about not being able to prove their income because they did everything in cash and never paid a cent in taxes on it.

Sorry folks, but while you might have saved yourself some money over the years, this is one of the risks you take when you do everything under the table.


It is interesting that the MSM has made no mention of the massive tax fraud that has been exposed in this region.
 
2010-09-14 12:42:48 PM
Diogenes: While true, didn't the government do the same thing for 9/11 claims? Set up a fund so compensation could be awarded with a modicum of sanity and proportion?

It's not a pretty picture for Gulf residents one way or the other. But I think this is preferable to all out lawsuit frenzy.


Help me out on this one, did the government force AA to pony up any money?
 
2010-09-14 12:43:57 PM
I am not sure how it is a Fail to require people to make a claim to the $20b fund set up to quickly handle claims and wait a modest period (90 days) before they sue BP. Maybe subby was using the tag to describe himself. I know damn well that if you sued bp it would take a lot longer than 90 days to get your money.
 
2010-09-14 12:45:54 PM
Bag of Hammers:If you enjoy the taste of salty corporate cawk sliding down your apologist throat, then yes Rush, that covers it.

Do you have anything constructive to contribute, or are you content just to fallback on the outraged librul standard response of "oh yeah well you're a ..... (anything that ends in i-s-t works here)?
 
2010-09-14 12:47:36 PM
SphericalTime: The real question is, will the $20 billion fund start paying out claims soon?

They've already paid out hundreds of dollars.
 
2010-09-14 12:52:16 PM
vegastar: SphericalTime: The real question is, will the $20 billion fund start paying out claims soon?

They've already paid out hundreds of millions ofdollars.


FTFY
 
2010-09-14 12:53:20 PM
well, at least motley crue got their money
 
2010-09-14 12:54:10 PM
gameshowhost: You do realize that one year of fantastic income doesn't even come close to the NPV of a stream of income earned over a lifetime... RIGHT?

/unless that one year of fantastic income exceeds the npv
//something astronomically unlikely


If you believe you have to replace a lifetime of earnings because of one lost season than you have a wonderful argument.
 
2010-09-14 12:58:58 PM
I'm not a lawyer, but isn't it standard practice for a prospective defendant to claim the prospective plaintiff isn't entitled to sue?

And that it's the courts, not the prospective defendant, that gets to decide whether a plaintiff can sue or not?

/and we're just at step one....
 
2010-09-14 01:03:23 PM
Fark: I will simply read subtard's crappy "headline", get outraged, and go straight to the Fark comments page to express my outrage without bothering to RTFA.
 
2010-09-14 01:11:26 PM
Bag of Hammers: If you enjoy the taste of salty corporate cawk sliding down your apologist throat, then yes Rush, that covers it. .

I'm a big huge lefty libtard, and I saw nothing inaccurate in his assessment. And I live in Louisiana.
 
2010-09-14 01:12:34 PM
Occam's Nailfile: You can't sue someone until you have first made a good faith effort to ask them for what you feel you are due. Judges throw out cases all the time against plaintiffs who never notified defendants of a claim.

www.fb10.uni-bremen.de
 
2010-09-14 01:13:23 PM
The Stealth Hippopotamus: Diogenes: While true, didn't the government do the same thing for 9/11 claims? Set up a fund so compensation could be awarded with a modicum of sanity and proportion?

It's not a pretty picture for Gulf residents one way or the other. But I think this is preferable to all out lawsuit frenzy.

Help me out on this one, did the government force AA to pony up any money?


The 9/11 attack didn't occur because of negligence on AA's part.

But your snark aside, it is an interesting question. I have no idea who contributed to that fund.
 
2010-09-14 01:17:04 PM
This is good news for BP share holders.

Step 1. Set up government-regulated compensation fund.

Step 2. Require the injured parties to apply to the fund before suing.

Step 3. Take 90 days to deny claim, assuring injured party has exhausted any remaining funds which might be used to sue.

Profit?
 
2010-09-14 01:19:45 PM
The Stealth Hippopotamus: gameshowhost: You do realize that one year of fantastic income doesn't even come close to the NPV of a stream of income earned over a lifetime... RIGHT?

/unless that one year of fantastic income exceeds the npv
//something astronomically unlikely

If you believe you have to replace a lifetime of earnings because of one lost season than you have a wonderful argument.


To be fair, we still don't know the impact on the region this oil spill has had. It's very likely they're going to miss more than just one season's worth of profits.

It'll take a while just for people to want to eat seafood from the area as it is.
 
2010-09-14 01:20:13 PM
BP and its partners such as Transocean Ltd and Halliburton Co said the majority of alleged victims who have brought about 400 lawsuits must first take their claims to a $20 billion fund established by BP.


That pretty much says it all!
 
2010-09-14 01:23:31 PM
Diogenes: The 9/11 attack didn't occur because of negligence on AA's part.

But your snark aside, it is an interesting question. I have no idea who contributed to that fund.


No snark just a general question I was too lazy to find the answer to. And BP kicked in way before anyone could blame them for it legally.
 
2010-09-14 01:30:14 PM
While I am not taking BP's side cause they're asses, it would be VERY hard to accurately say how much the spill affected their businesses. These things really can't be quantified easily.

They still should get some form of compensation though....tough situation.
 
2010-09-14 01:30:16 PM
The Stealth Hippopotamus: Diogenes: The 9/11 attack didn't occur because of negligence on AA's part.

But your snark aside, it is an interesting question. I have no idea who contributed to that fund.

No snark just a general question I was too lazy to find the answer to. And BP kicked in way before anyone could blame them for it legally.


I don't see anything sinister. Like I said, no response is going to be ideal in situation of this magnitude. I think the White House was hoping to prevent another drawn out process like with the Exxon Valdez, and BP saw a way to give themselves some degree of legal coverage.
 
2010-09-14 01:31:25 PM
dj_bigbird: Uh...they can't sue because the GOVERNMENT is the one that made BP set up the $20B fund and they're the ones that are making the fishermen and others go through that fund before they can sue.

The Feds have always done everything they can to protect the oil companies from liability when it comes to accidents, and this one is no different.


Bzzzt!

The Compensation fund is NOT a) government run or B) mandatory. The BP lawyers are trying to argue that it is either some sort of adminstrative remedy (it's not) which must be exxhausted before a federal claim is ripe or Mandatory arbitration mechanism which precludes filing suit under the Arbitration Act(it isn't)


The reason they so desperately want it to be is spelled out clearly in the article: They know the strongest claims will quickly be paid by Feinberg, but his mandate is only compensate for what we'd call "Special" (by which we mean "specific"-not the normal use of the word) Damages, not punitive ones.

It's precisely those strong cases that are most likely to end up having Big Punitives awarded by sympathetic juries
 
2010-09-14 01:38:42 PM
Wait, am I reading this right? BP gets to choose who is allowed to sue them? And they're thinking that the $20 billion fund they've created is all the damages they'll have to pay? Say what you want about the legal system, but situations like this are why it exists in its current state--to give the little guy a voice against the big corporation who farks him over. If BP is allowed to call the shots, it's over.
 
2010-09-14 01:38:51 PM
NewportBarGuy: So starts the 20 year legal fight where the lawyers will get 99% of the money.

And then the supreme court will take away the rest.
 
2010-09-14 01:41:25 PM
Ok, so like BP is the bathroom, Earth is going poop, and George Bush is the toilet paper? Right? Iraqi people can be hemmoroids, and all the sea creatures are Depends undergarments. Yay! Your wallet is the toilet. This is fun.
 
2010-09-14 01:41:42 PM
www.goplogo.com
The Republican Party, who is of, from ,and for big business agrees.
 
2010-09-14 01:42:46 PM
jonnnney: I am not sure how it is a Fail to require people to make a claim to the $20b fund set up to quickly handle claims and wait a modest period (90 days) before they sue BP. Maybe subby was using the tag to describe himself. I know damn well that if you sued bp it would take a lot longer than 90 days to get your money.

Maybe it was for Obama thinking he'd stuck it to the big evil corporation, when in fact, he capped their damages for them.
 
2010-09-14 01:49:34 PM
Sounds plenty dang fair for me. Sure, it was a PR nightmare for the tourism industry, but no ACTUAL damage to speak of has happened, and they've spent billions trying to clean up the spill and set up a 20 billion dollar fund that's now managed by Obama and should be plenty enough to reimburse legitimate claims. How much money should they have to pay out, anyway?

Realize that federal, state, and local governments already make 4x as much off each gallon of gasoline in taxes as BP does.
 
2010-09-14 01:51:48 PM
Coconice: they don't need any entitlement to file suit.

This a billion times over.

I think it's absurd that the Courts will deny the right to sue BP over a legitimate gripe, yet will welcome any johnny-come-lately frivilous lawsuit.
 
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