Bangkoktraveler Posted June 29, 2008 Report Share Posted June 29, 2008 The issue at hand is who has the best lawyers. It has nothing to do with law. Link to comment Share on other sites More sharing options...
rogueyam Posted June 29, 2008 Report Share Posted June 29, 2008 Of course in your race to insult, you conveniently left out any facts or explanations. This is a fundamental disfunction of leftists. You all want simultaneously to be praised and spoon-fed. Reality simply isn't like that. You have to row your own boat. Further, in point of fact, I pointed out your error quite specifically. They say "A word to the wise should be sufficient." Don't blame me if you are still in the dark about the issues here, Hippie. Link to comment Share on other sites More sharing options...
rchapstick Posted June 29, 2008 Report Share Posted June 29, 2008 It sounds like the SCOTUS ruling was about maritime law. As I doubt anyone here (including myself, OH, RY, etc) is qualified to comment on the application of maritime law to this case. Everything else is just posturing. Link to comment Share on other sites More sharing options...
Old Hippie Posted June 29, 2008 Report Share Posted June 29, 2008 Notice how RY once again manages to avoid explaining his position? Typical of ill informed "righties" who lack the ability to process logic and details, and thus cannot formulate a statement, much less articulate a position. I am sure he went to school on "small special bus." Wow, name calling and insulting is fun, no wonder the "righties" do it so much, it it so cleverly avoids the questions and facts. Link to comment Share on other sites More sharing options...
Julian2 Posted June 29, 2008 Author Report Share Posted June 29, 2008 My take is that the court considered that the oil company had adequately compensated the victims for their loss and there was no need for punitive damages because the spill wasn't really their fault and they were nice guys anyway. Link to comment Share on other sites More sharing options...
cavanami Posted June 30, 2008 Report Share Posted June 30, 2008 I can comment on maritime law, having sailed for a few decades and knowing the USCG (US Coast Guard) rules: 1. the captain is *** always *** responsible for the vessel. 2. the dumping/spilling laws are much more severe now then they were 19 years ago. 3. when a vessel enters or leaves a port, they will have a "pilot" on board, basically another captain who intimately knows the local waters...but refer to #1, as this does not change even with the pilot guiding the vessel. This incident with the Valdez is clouded with rumor, gossip and assumptions. I have chatted with people that were sailing in the area, but not anyone from the vessel, so I can not say with certainty but I feel that Exxon should pay the damages. Link to comment Share on other sites More sharing options...
Old Hippie Posted June 30, 2008 Report Share Posted June 30, 2008 A bit about the Ship's captain... "...Exxon Valdez departed the port of Valdez, Alaska at 9:12 p.m. March 23, 1989 with 53 million gallons of crude oil bound for California. A harbor pilot guided the ship through the Valdez Narrows before departing the ship and returning control to Hazelwood, the ship's master. The ship maneuvered out of the shipping lane to avoid icebergs. Following the maneuver and sometime after 11 p.m., Hazelwood departed the wheel house and was in his stateroom at the time of the accident. He left Third Mate Gregory Cousins in charge of the wheel house and Able Seaman Robert Kagan at the helm with instructions to return to the shipping lane at a prearranged point. Exxon Valdez failed to return to the shipping lanes and struck Bligh Reef at around 12:04 a.m. March 24, 1989. The accident resulted in the discharge of around 11 million gallons of oil, 20% of the cargo, into Prince William Sound.[9] During Hazelwood's trial following the accident, Alaska state prosecutors failed to convince the jury that Hazelwood was intoxicated at the time of the grounding. By his own admission, Hazelwood drank "two or three vodkas" between 4:30 and 6:30 that same night, his blood alcohol content was found to be .061. However, the defense argued that the blood samples were taken nearly ten hours after the incident and were mishandled. Most states, including Alaska, do not allow samples after three hours and a preservative required to halt fermentation was not added to the sample. Fermentation could have added to the amount of alcohol in the sample making the result invalid. As a result of the accident, in 1991 the United States Coast Guard suspended his masters' license for a period of nine months. Hazelwood was acquitted on all felony charges, but was convicted of a misdemeanor charge of negligent discharge of oil, fined $50,000, and sentenced to 1,000 hours of community service.[3]..." Link to comment Share on other sites More sharing options...
Julian2 Posted June 30, 2008 Author Report Share Posted June 30, 2008 An employer must be held legally responsible for the people he chooses to hire. I was surprised how little coverage this is receiving actually. The "liberal" press does tend to step around the oil companies though. Link to comment Share on other sites More sharing options...
Old Hippie Posted June 30, 2008 Report Share Posted June 30, 2008 The Liberal T.V./Media network PBS (Petroleum Broadcasting service) did a documentary about the Valdez years back. Their conclusions were fairly on the mork, more less what you read now about Hazelwood etc. Others were not so kind to the Captain and Exxon. The general consensus is Exxon was slow to react, and I believe the port themselves did not have adequate facilities or equipment on hand to handle a spill of that size. Link to comment Share on other sites More sharing options...
Neo Posted June 30, 2008 Report Share Posted June 30, 2008 Just look how far we have come though. If a similar incident happens now, the oil companies will immediately use it as a reason to up the price of gas. Link to comment Share on other sites More sharing options...
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