Source:
The Associated PressTransocean request on liability cap 'unconscionable,' U.S. says
By The Associated Press
May 29, 2010, 3:19PM
WASHINGTON -- Transocean's request that its liability in connection with what may be the largest oil spill in U.S. history be limited to $26.7 million is "simply unconscionable," the Justice Department said.
U.S. Assistant Attorney General Tony West, in a May 24 letter to Transocean attorney Frank Piccolo, questioned the company's legal argument that the 150-year-old Limitation of Liability Act caps its damages. The owners of the RMS Titanic, a passenger ocean liner that sank in 1912 after hitting an iceberg, also tried to use the law to avoid making payments to the ship's survivors and the estates of those who died.
"It is simply unconscionable, in the circumstances of this case, that Transocean is attempting to use the same shield of liability, potentially leaving thousands of people who have been damaged by your clients' actions with no remedy," West wrote in his letter, which the Justice Department released under a Freedom of Information Act request.
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West, in his letter, said Congress in 1990 repealed the ability for businesses to cite the Limitation act in oil-spill cases. He asked Transocean to modify its request on legal liability and tell the Justice Department within 10 days what course of action the company plans to take.
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