Rate relief in tort reform states essay

Aaron Gott Senators Mike Lee, Ted Cruz, and Benjamin Sasse recently proposed a bill to enact the Restoring Board Immunity Act ofwhich would give state licensing boards antitrust immunity that they may not otherwise be entitled to under the state-action immunity doctrine.

Rate relief in tort reform states essay

Hire Writer In as much as businesses must obey the law,in the absence of such law,they ought to act ethically to avoid any damages forming the triple bottom line-economic,social and environmental Corporate Social Responsibility.

The efforts of oil companies are commendable towards leveraging the standards of CSR;that notwithstanding as proven in the preceding oil and gas cases under study; such shifts does not denote a tangible change in its operations as an oil company and its public relation exercise due to setbacks of globalisation influenced by the variation,ineffectiveness and unenforceability of local and international aws and treaties governing oil and gas exploitation within different parts of the world.

Threats due to oil spills Environmental risks? Moreover, mindful of all the international conventions and national laws that bind and guide mineral oil and gas exploitation such as the Stockholm declaration ,the Bonn Conventions ,the Arhus Convention and the Stockholm Convention just to name a few,some oil companies still play the window dressing game despite the repercussions.

One of the first cases to be analysed is the Exxon Valdez case. It is one of the most disastrous oil incidents that tested the abilities of local, national amd industrial organisations spilling more than eleven million gallons of crude oil off the coast of Laska in US records.

Alexander, Lawrence

What is more is the fact that,though not charged on alcohol abuse,Hazelwood has a history of alcohol abuses which makes the oil company liable for his negligent act;for the charges metted do not correspond to the harm caused. For instance it posed a threat to the Alaskan fishing industry and other species like the migratory shore birds,waterfowls,sea lions and varieties of whales.

Significantly,this incident necessitated the passing of the Oil Pollution Act As a contrary, the Piper Alpha Disaster case which occurred in an extremely forgiving corporate climate of the time whereof despite the heavy destruction of the Piper Alpha due to a conflaguration of fire and explosions,provoked a spontaneous popular demand or public interest Scots that the State should take action.

Surprisingly, the Lord Advocate,Fraser decided not to penalise Occidental Petroleum for the damages noting that: Unlike the prevailing cause of this disaster was due to negligence by Occidental Petroleum to act in the interest of its employees, its lack of corporate accountability and influence on the CSR policy.

Comparing and Contrasting U.S. and Chinese Environmental Law

In effect, Mathias Becks notes: On the contrary,in it had narrowly escaped a near disaster that required a mass evacuation of its platform.

In ,it experienced a fatal incident caused by key factors that were present in the later disaster. The company had to learn from its mistakes even though it was fined on a number of occasions prior to the Piper Alpha explosion.

In addition,the Shell -Nigeria case has unravelled charges of human rights violations. Worthy of note is the fact that,its activities in the mids,where totally ruthless. Social risks stemmed from the fact; most of the ogoni people were displaced due to pipeline construction or died as a result of riots that ensued.

No doubt; after over fourteen years of judicial proceedings on grounds of complicity in human rights violations against the Ogoni and the execution of Ken-Saro-Wiwa,the U.


Federal court June 8, under the U. Shell lawsuit, another law suit: The People of Nigeria v. Jurisdictionally,the court ruled itself competent to hear the claim against Shell Nigeria due to its connectedness to as Royal Dutch Shell,RDS as parent company and owed the ogani people a duty of care to such environmental breaches caused by its subsidiary.

Rate relief in tort reform states essay

That notwithstanding,this lawsuit provokes plenty of unanswered questions such as questions as to which plaintiffs have standing,whether or not RDS can be held accountable for acts of Shell Nigeria and also on point and choice of law;for the defendants may wish the court to apply Nigeria law weak unlike the plaintiffs will wish the application of Dutch law.

In this regard,the EU Regulation on the Law Applicable to Non-Contractual Obligations fits in this context because it adds a distinctive environmental principle that permits anyone seeking compensation for extraterritorial environmental damage the options to make its claim on the basis of the law of EU Member State wherein the company to be sued is incorporated granted such a member state could be considered as the country where the event giving rise to the damage occurred the parent company.

Paradoxically,it is not clear whether or not this rule applies in transnational tort cases such as the Dutch Torts law. Thatnotwithstanding, one of the three grounds for tortuous liability could be invoked under international law hard or soft based on the legal doctrine of indirect effect: Besides,should Nigerian law take precedence,the Dutch court could still apply international environmental law by ignoring rules of foreign states if it violates international law.

These points of law showcases the paradoxes associated with oil and gas exploitation. Furthermore,British Petroleum,BP is considered a champion and a driving force for the shift to CSR because its success is its CSR vision which amongst other is geared at doing positive actions for the global environment,efficient use of natural gas and cement the connection between responsibility and profitability.Course description.

Advocating Environmental Reform is a demanding course designed to expose you to decision makers in the community. Any active class members are expected top write letters to Congress and letters to the editor in order to practice the advocacy process.

McClellan, therefore, devoted two issues of Benchmark to state-court activism—one focusing simply on the California and Texas supreme courts 40 and the other focusing more generally on the way state courts have seized the states’ purse strings, legislated tort reform from the bench, and used “independent state grounds” to create rights.

Since , 38 of the 50 United States have adopted some sort of tort reform. However, with the many flaws of the tort system today, the suffering American economy will continue to fall behind if the American public does .

To provide needed housing reform and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION. 1. SHORT TITLE; TABLE OF CONTENTS.

Public housing disaster relief. Sec. . The litigation crisis is affecting patients ability to get care not only because many doctors find the increased premiums unaffordable but also because liability insurance is increasingly difficult to obtain at any price, particularly in non-reform states.

Oct 06,  · Case Study: A Case for Liability Reform. Discussion in 'Emergency Medicine' started by juddson, Apr 13, they call tort reform and conservative commentators have accused Mr. Edwards of relying on questionable science in his trial work.

Rate relief in tort reform states essay

many states have laws which do not permit an expert witness to testify unless he spends at least.

Tort Reform - Research Paper