BP voiding fishermen's cleanup contracts unless they sign away their right to sue for damages

[NNN0LHI]

http://www.palmbeachpost.com/news/bp-voids-fishermens-cleanup-contracts-in-la-cites-660372.html?cxtype=ynews_rss&imw=Y

BP voids fishermen's cleanup contracts in La., cites legal mix-up

By Christine Stapleton Palm Beach Post Staff Writer

Updated: 12:11 a.m. Sunday, May 2, 2010

Posted: 12:05 a.m. Sunday, May 2, 2010

VENICE, La. - David Kinnaird, BP's liaison to Plaquemines Parish, spent Saturday night ripping up the contracts that hundreds of local commercial fishermen had signed to work for BP cleaning up the slick that could wipe out the local seafood industry.

It's not that BP didn't want to hire them. And there is nothing these fishermen would hesitate to do to save the bayous, canals and rivers where they and their families have made a living for generations - except this: Sign a contract with BP saying they will "hold harmless and indemnify … release, waive and forever discharge the BP Exploration and Production, Inc., its subsidiaries, affiliates, officers, directors, regular employees, and independent contractors … from all claims and damages" arising from helping to clean up the mess that BP has made.

No one wanted to waive the right to sue BP, but some fishermen, desperate for cash, signed the waiver anyway.

"I shouldn't have signed it," Louie Barthelemy said after leaving a three-hour training course for commercial fishermen interested in a BP cleanup job. Barthelemy was one of hundreds of fishermen who showed up at Boothville Elementary School on Saturday morning for the BP-sponsored class.

[uppityperson]

1. Shades of Exxon Valdez. k&r

[uppityperson]

29. Too late to edit FALSE headline there, they will NOT be asked to waive their right to sue. k&Unrec

"but fishermen will not be asked to waive their right to sue BP, Kinnaird said."

[babylonsister]

2. Wow. Rec'd with disgust. So who will bp find now to help? nt

[kestrel91316]

14. They'll hire undocumented aliens, of course.

[NotThisTime]

19. "I was 8 or 9 years old when I started on a shrimp boat. I quit school. I can barely read or write,"

This is all sorts of sad... people who have limited ability to read and write signing away any rights they have... and an educational system in a country that allows children to fail so miserably... which is more sad....

[Lone_Star_Dem]

3. Damned if they do and damned if they don't.

Starve now or starve later. When your choice is no real choice at all. :(

[Cronus Protagonist]

4. "arising from helping to clean up the mess"

In others words, they takes the money, they buy their own insurance and it works like regular business deal. They're not being asked to indemnify BP from the spill, only from what happens, if anything, if they take part in the clean up... or is there more to the story than this?

[flvegan]

6. That's how I read it too.

[Cronus Protagonist]

7. I think my cleaner has a similar contract

I'm not liable for their worker's compensation or damages if they slip and fall in the kitchen... seems like much the same deal.

[flvegan]

15. Agreed.

This seems more like "if you go out to help clean up and you damage/lose your boat/crew/life on this job, we can't be sued for the incident(s) on this job"

[wroberts189]

34. me too..

[NNN0LHI]

8. Have you ever priced insurance for a crude oil cleanup project?

Do any insurance companies even sell such a policy? Is it cheap?

I don't know? I never bought any.

Don

[Cronus Protagonist]

16. I'm thinking the boat operators have insurance already

It's not like they'll have to run out and buy more.

[NNN0LHI]

17. What would make you think that?

My employer was self insured. I am sure they aren't the only ones.

Don

[Lone_Star_Dem]

18. The problem with this is BP comes out ahead and these people could be seriously impaired

Look up some of the health related problems suffered by those who worked to clean up the Exxon Valdez spill. This is what BP is attempting to avoid liability for, which is fine if they're willing to disclose the possible health issues and compensate them with substantial pay. If not, they're just taking advantage of desperate people in a desperate situation.

[MadMaddie]

5. Then to hell with BP they do not have the resource and never

planned the resources to clean up this mess.

People should be going to jail over this.

[jody]

9. That's signing away a right protected by the 7th amendment under duress. I wish SCOTUS would

incorporate Amendment VII, Right to jury trial in civil cases, under the 14th and stop that egregious abuse by corporatists against very small businesses and individuals.

[AnArmyVeteran]

25. People sign away their rights all the time to their corporate masters...

Any time you sign up for a corporation's services today you are signing away your rights to a trial by jury. If you want electrical service, cell phone service, cable or satellite television, or any of dozens of other services, you have to waive your rights to sue. Corporations force you to sign their contracts stating you must agree to arbitration if there is a disagreement or dispute. But arbitration isn't the same as going to court. It cost an individual a hell of a lot more, money corporations know you don't have. And if you do take your case to arbitration your chances of getting a favorable judgement is very small. Why? Because 90-95% of arbitrators come from the industries you are fighting. So guess which side they will favor? Certainly not yours.

What I don't understand is the absolute and complete ignorance of conservatives. Don't they realize they are victimized constantly and forced by corporations to give up rights guaranteed by the Constitution and Bill of Rights? They whine and moan about government intrusion, but say absolutely nothing when corporations rape their pocketbooks to take away Constitutionally guaranteed freedoms and rights.

And where are all the goddamned democratic leaders? Why aren't they all screaming at the tops of their lungs to inform the imbeciles on the right they are being taken for a ride? Only a handful of democratic leaders have any guts at all. Hell, one of the best people in Washington is Bernie Sanders, and he's socialist, but he votes with democrats.

Note: I used the word 'forced', but coerce is a better word. The consumer has a right to not use electricity, cell phones, cable televisions, etc.. but they would almost have to live in a forest with no forms of communication to avoid giving away their rights to corporations...

[jody]

31. Auto dealers lobbied congress to pass a bill making binding arbitration illegal for car mfgs. and

Dubya signed it in 2001 but consumers still have pre-dispute binding arbitration clauses in sales contracts with auto dealers.

[AnArmyVeteran]

32. Nader had Bush pegged: "Bush is a corporation masquerading as a human being".

Bush is a total whore to business. Shame on all those dupes for voting for such an inept and corrupt thug.

[suffragette]

10. Sounds like BP got caught adding that slimy provision

and are weaseling out of having done that by tearing up the contracts that were signed and now saying that's not what they meant to do. Of course, that's exactly what they were trying to do.

Glad they were busted on that attempt.

[Hawkeye-X]

11. No. BP has no say in this. They created their messes. They own it.

Fisherman should file a massive class-action lawsuit against BP to ensure that they are paid for the lifetime of the cleanup as long as it endangers their livelihood.

[spanone]

12. ain't they just a bunch of fucking sweethearts

:sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm: :sarcasm:

[Dappleganger]

13. +1000 nt

[dixiegrrrrl]

20. Hold on...this has been mis understood, I thnk.

If you read the story, it explains that the contracts were torn up because:

BP never intended for them to relinquish their right to sue the company. That is not what the document said. The document was merely a standard safety waiver - not a work contract, Kinnaird said.

"I am sitting her right now tearing them up and putting them in the trash," Kinnaird said. More than 400 captains had signed documents allowing BP to lease their vessels. "It was just a standard waiver, something the lawyers like. But it just caused so many problems."

And this, a very important part:

That does not mean that BP won't use local fishermen in its cleanup. BP still has their contact information, along with information about their vessels.

As soon as the winds die down, BP will begin hiring vessels and crew. There will be a contract that spells out how much BP will pay, but fishermen will not be asked to waive their right to sue BP, Kinnaird said.

"We're not offering jobs to people in other states," Kinnaird said. "We're hiring people in these communities because they are the ones who need it."


OK?

As much as I am against BP, fair is fair. The news story was written in a mis leading way.

I do find it sad that there are apparently so many fishermen out there who don't even understand English and/or are functionally illiterate, they should not be signing anything without help from a trusted person.

[gristy]

21. Your OP headline is entirely misleading. False in fact.

As others have noted on this thread.

[MineralMan]

22. Misleading and incorrect headline. Did you read the story?

[NNN0LHI]

24. I read the entire story and when I feel someone posts something incorrect or misleading I hit alert

Give it a shot.

Don

[uppityperson]

28. "but fishermen will not be asked to waive their right to sue BP, Kinnaird said."

here is the part that shows your subject line inaccurate

[MineralMan]

33. My friend, I don't click alert. I notify the poster, so he or she can

correct the error. I only click alert for spammers and trolls. If you don't appreciate being told that you misrepresented the story, then be more careful. That's my suggestion.

The deal here is: You post. Others reply. Anyone may question the validity of your OP title if they feel it inaccurately reflects the story. I'm not the only one who noticed.

[AnArmyVeteran]

How long will we the people allow corporate corruption & coercion???

Any time you sign up for a corporation's services today you are signing away your rights to a trial by jury. If you want electrical service, cell phone service or any of dozens of other services, you have to waive your rights to sue. Corporations force you to sign their contracts stating you must agree to arbitration if there is a disagreement or dispute. But arbitration isn't the same as going to court. It cost an individual a hell of a lot more, money corporations know you don't have. And if you do take your case to arbitration your chances of getting a favorable judgement is very small. Why? Because 90-95% of arbitrators come from the industries you are fighting. So guess which side they will favor? Certainly not yours.

What I don't understand is the absolute and complete ignorance of conservatives. Don't they realize they are victimized constantly and forced to give up rights guaranteed by the Constitution and Bill of Rights? They whine and moan about government intrusion, but say absolutely nothing when corporations rape their pocketbooks to take away Constitutionally guaranteed freedoms and rights.

And where are all the goddamned democratic leaders? Why aren't they all screaming at the tops of their lungs to inform the imbeciles on the right they are being taken for a ride? Only a handful of democratic leaders have any guts at all. Hell, one of the best people in Washington is Bernie Sanders, a true socialist.

[AnArmyVeteran]

23. How long will we the people allow corporate corruption & coercion???

Any time you sign up for a corporation's services today you are signing away your rights to a trial by jury. If you want electrical service, cell phone service or any of dozens of other services, you have to waive your rights to sue. Corporations force you to sign their contracts stating you must agree to arbitration if there is a disagreement or dispute. But arbitration isn't the same as going to court. It cost an individual a hell of a lot more, money corporations know you don't have. And if you do take your case to arbitration your chances of getting a favorable judgement is very small. Why? Because 90-95% of arbitrators come from the industries you are fighting. So guess which side they will favor? Certainly not yours.

What I don't understand is the absolute and complete ignorance of conservatives. Don't they realize they are victimized constantly and forced to give up rights guaranteed by the Constitution and Bill of Rights? They whine and moan about government intrusion, but say absolutely nothing when corporations rape their pocketbooks to take away Constitutionally guaranteed freedoms and rights.

And where are all the goddamned democratic leaders? Why aren't they all screaming at the tops of their lungs to inform the imbeciles on the right they are being taken for a ride? Only a handful of democratic leaders have any guts at all. Hell, one of the best people in Washington is Bernie Sanders, a true socialist.

[Vinnie From Indy]

26. WTF? America has gone mad!

The fact is that the entire operation should be nationalized and it should be BP that is FORCED by the US Government to pay the tab for all cleanup and protective efforts undertaken and directed by local, state and the federal govt. This situation is like asking a drunk driver to pull his own car out of a ditch.

[uppityperson]

27. FALSE headline. They are voiding them BECAUSE they signed that

From OP article:

BP never intended for them to relinquish their right to sue the company. That is not what the document said. The document was merely a standard safety waiver - not a work contract, Kinnaird said.

"I am sitting her right now tearing them up and putting them in the trash," Kinnaird said. More than 400 captains had signed documents allowing BP to lease their vessels. "It was just a standard waiver, something the lawyers like. But it just caused so many problems."

That does not mean that BP won't use local fishermen in its cleanup. BP still has their contact information, along with information about their vessels. As soon as the winds die down, BP will begin hiring vessels and crew. There will be a contract that spells out how much BP will pay, but fishermen will not be asked to waive their right to sue BP, Kinnaird said.

[Hannah Bell]

30. kr