First Responder Immunity & the DEEPWATER HORIZON

Posted by John K. Fulweiler | Feb 17, 2016 | 0 Comments

Sickened by dispersants used in the Deepwater Horizon clean-up? A February 16th ruling from the U.S. District Court, Eastern District of Louisiana probably just cut off your rights of recovery.

In 32 pages of legal decision, the Court addressed the corporate defendants' argument that they should be protected from suit (immune) because, among other things, they allegedly fall under the protection of the Clean Water Act and they're entitled to protected under the discretionary function immunity under the Federal Tort Claims Act (28 USC § 2680).

Corporate interests won.

I might change my mind after some more time sailing this decision around the Bay, but right now my read is company interests worked their magic! Like the Deacon getting everyone to sing the verse, this Country's business interests are exceeding good at getting the worker to pray at their alter. Maybe we need to stop worrying the bright and shiny (like 2d amendment issues) and start hollering about corporate control. Maybe in addition to clambering for small government, we should clamber about big business. Maybe stop worrying your image be it the Rover or Harley, and start worrying who exactly is at the helm of this fine Country.

Here's a LINK to the decision. Let me know what you think.

Underway and making way (in a salty mood).

--- John K. Fulweiler, Esq.

1-800-383-MAYDAY (6293)

About the Author

John K. Fulweiler

Proctor-In-Admiralty / Licensed U.S. Coast Guard Master Formerly a partner in a New York maritime law firm, John K. Fulweiler graduated from the University of Rhode Island with a Marine Affairs degree and the University of Arkansas at Little Rock School of Law. In addition to being recognized by...


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