Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

Say it with me, boys an girls: "joint and several liability".

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » Archives » General Discussion (1/22-2007 thru 12/14/2010) Donate to DU
 
Atticus Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-11-10 08:29 PM
Original message
Say it with me, boys an girls: "joint and several liability".
My dad was a blue collar union man liberal Democrat who---gasp!---strongly believed in personal responsibility. One of his paternal admonitions was "'Sorry' don't feed the bulldog".

My civil servant mom would have phrased it: "Sometimes 'sorry' just isn't enough."

I thought of both of them today as I listened to the CEO's of BP, Transocean and Halliburton explain how each of the other two mega-corporations was actually responsible for the gulf oil rig blow-out and environmental disaster. Each offered their version of "sorry, but actually, it was these other guys who somehow failed us all."

Some screw-ups are truly irreparable. No amount of good intentions or money can make some things right. This deepwater disaster may prove to be one that simply can't be fixed. We just don't yet know.

But, everyone does know that THEY---all of them---are responsible for this terrible and forseeable failure. No one really gives a damn who was "primarily" or "mostly" at fault. They were ALL at fault and the law provides a way to let THEM worry about who pays what portion of the damages resulting from their shared negligence. As mentioned above, it is called "joint and several liability". It works like this.

Assume, just for the sake of this example, that the total damages amount to $150 billion. Judgment is entered---"jointly and severally" against all three defendant companies for the entire amount. Those damaged can collect their damages from whichever of the three it is most convenient for them to reach. If one company is cash-rich and located in your state, you can collect all of your judgment from that one company. If one or two companies wind up paying more than their $50 billion "share" of the judgment, it is up to THEM to chase the other(s) to recoup their overpayment.

The theory is that all three are "wrongdoers" and, if anyone should be inconvenienced, it should be them, not those they injured by their negligence.

The Federal government should intervene in this environmental emergency and dig 100% of EVERYONE'S damages out of all three corporate treasuries. If that means putting one or more into receivership and liquidating their assets, so be it. That should set the appropriate tone for the adoption and implementation of REAL oversight regulations for all drilling operations in or near our country.
Printer Friendly | Permalink |  | Top
Xipe Totec Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-11-10 08:32 PM
Response to Original message
1. Picture of BP, Transocean and Halliburton at congressional hearings...
Printer Friendly | Permalink |  | Top
 
BrklynLiberal Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-11-10 09:02 PM
Response to Reply #1
5. He did it...no HE did it....NO! HE DID IT!
Printer Friendly | Permalink |  | Top
 
pnwmom Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-11-10 08:35 PM
Response to Original message
2. Thank you, Atticus. n/t
Printer Friendly | Permalink |  | Top
 
KT2000 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-11-10 08:58 PM
Response to Original message
3. Excellent!
I was thinking today that there should be a requirement that corporations not be allowed to cost shift. At the least, their yearly tax returns should account for the amount they have shifted to the cities, states and fed.
Cantwell did a good job of covering those bases, esp. when she asked if they would compensate the taxing authorities that will lose revenue as a result of this leak.
Printer Friendly | Permalink |  | Top
 
BrklynLiberal Donating Member (1000+ posts) Send PM | Profile | Ignore Tue May-11-10 08:58 PM
Response to Original message
4. There was an earlier post with the perfect solution..all three corporations should be
Edited on Tue May-11-10 08:59 PM by BrklynLiberal
declared terrorist organizations...with the appropriate consequences.

Thank you AviationPro
http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=389&topic_id=8314423&mesg_id=8314423
Printer Friendly | Permalink |  | Top
 
liberalla Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-12-10 03:01 AM
Response to Original message
6. "joint and several liability"
"joint and several liability"

"joint and several liability"

"joint and several liability"

"joint and several liability"

"joint and several liability"

"joint and several liability"


Ok, I got it. Makes perfect sense to me.
Thanks!

Printer Friendly | Permalink |  | Top
 
lonestarnot Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-12-10 03:12 AM
Response to Original message
7. Guess you didn't see this.
Printer Friendly | Permalink |  | Top
 
JCMach1 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-12-10 03:14 AM
Response to Original message
8. Not Enough: Time for a corporate death penalty...
As corporations have pushed more and more for rights that are similar to personhood, it is time to bring in the death penalty for them.
Printer Friendly | Permalink |  | Top
 
DU AdBot (1000+ posts) Click to send private message to this author Click to view 
this author's profile Click to add 
this author to your buddy list Click to add 
this author to your Ignore list Wed May 01st 2024, 10:44 PM
Response to Original message
Advertisements [?]
 Top

Home » Discuss » Archives » General Discussion (1/22-2007 thru 12/14/2010) Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC