Boo fucking hoo. Lawsuits already filed over oil from flooding just upstream from here.

[karlrschneider]

So there was 18 inches of rain in a week and it flooded a refinery and 42000 gallons of oil were washed into the flood waters. Some ambulance chasing lawyer has got a bunch of people (who were adversely and absolutely unfortunately affected) to sue the refinery in Coffeyville, KS because they allegedly failed to keep mother nature from inundating their facility. I'm not often on the side of the corporations but give me a fucking break...they had no way to prevent this extremely rare situation.
:grr:

[strategery blunder]

1. I have one thing to say...

Pass the :popcorn:

This should be entertaining.

[karlrschneider]

3. Hey, I feel for those people, absolutely. But filing a lawsuit before the

water has even receded is just another example of the kind of greed and opportunism that has grabbed so many.
But thank you for the popcorn.

[wildhorses]

2. we are a litigous society

out of control

[karlrschneider]

4. thank you...that's what I was trying to note.

...

[fed-up]

5. don't be so quick to judge until you have all the facts-who knows what shortcuts oil co took??? nt

[karlrschneider]

6. Actually, I have been in the oil business for 47 years. And I am familiar with that

particular facility. They built their tanks to handle expected meterological extremes. Somewhat like New Orleans did too. Nothing can be 100% bulletproof against the vagaries of nature.

[Selatius]

7. Let the courts decide this. If your stance is the correct one, the lawyer will win nothing.

Unfortunately, you need lawyers like him whenever a corporation really is to blame for people being injured and possibly killed due to faulty product or service that leads to harm.

[karlrschneider]

10. Absolutely. I trust the courts without reservation.

I hope you know that was sarcasm...the point I was (not very well, apparently) trying to make was that any time "acts of God" fuck up someone's life, the lawyers are right there suing anybody within a thousand miles, looking for their 30 or 40 percent cut. I just think it's sad that people can't accept the fact that shit happens.

[Selatius]

11. What do you propose? At the end of the day, those lawyers are also there when...

as I said, a corporation truly fucks you over.

[karlrschneider]

13. Well, they should be suing whoever sent 18 inches of rain.

Might be tough serving a subpoena on Jesus, though. I did NOT propose eliminating the ability to sue for actions within the control of the corporations...as I mentioned. It's like, uh, should I be able to sue the people who built my house because a tornado blew it away?

[Selatius]

15. How about opening up a law book and examining the phrase known as an "act of God"?

That phrase hasn't been floating around in the law profession for as long as it has for no apparent reason. The only problem for you is accepting that such a phrase was defined after precedent. That is, after somebody brought a case in court that allowed the courts to decide between a case that has merit and a case that is considered frivolous in such cases like these (aka an "act of God").

[karlrschneider]

18. Are you sure you meant to include "apparent" in your comment?

Maybe you meant "obscure" or "imaginary"...but nevertheless, (and that "act of God" is a convenient excuse for insurance companies) the fact is that the litigation really -is- frivilous.

[Selatius]

22. We'll let the courts make the final call on that. That was my point.

To be on record, I generally lean towards it being frivolous, and I'm not going to claim that the case is in fact frivolous until the court decides it's a fact, but if you're interested in the case, you should stick around for the court's discovery period to dig up any evidence of potential wrongdoing by the side in question as far as not following regulations dealing with meteorological issues.

[karlrschneider]

12. The only stance I have is complaining about ambulance chasing lawyers.

I guarantee I support anybody's claim against a corporation that has failed to exercise due diligence to protect its clients/customers but there really are some occasions that are truly beyond anyone's control. That's all I'm saying.

[Selatius]

14. But that's the point. This is why we have the court system to decide for us.

No amount of Monday morning quarterbacking is going to change the fact that the courts were set up specifically to decide disputes between two or more parties. Is the system perfect? I'm not saying it is, but it's what we got. I am saying that we should let it run it's course, and let the evidence decide the merits of the case. Let the evidence speak.

[karlrschneider]

16. Oh, no, I have no serious problem with adverserial civil or tort questions

when they're necessary! But they should be a 'later' if not 'last' resort. This lawsuit was filed ~24 hours after the alleged
infraction. That's what pisses me off...nobody wants to try for a solution, they just SUE (with a kick in the butt from lawyers with $$$ signs in their eyes) RIGHT FUCKING NOW. There was never a -chance- to decide the dispute...hell, there wasn't even a dispute before the papers were filed! It's just "let's sue somebody immediately!"

:grr:

[MadHound]

8. While I agree the lawsuit might be a bit premature

And that we are an over-litigous society, this case could have merit. Oil storage facilities, as with any other hazardous waste, have to meet certain codes and standards. Many of these codes and standards are for obscure, rare events, but they still need to be met. If they weren't, then the case is a fair one. And I can see wanting to file early, it gives you a chance to get evidence and investigations done as soon as the water recedes.

I would wait on this before I would call it.

[rainbow4321]

9. Medical Problems Develop For Flooding First Responders

http://kotv.com/news/local/story/?id=130962

A state incident command took over flood response efforts in Coffeyville Friday, and residents who had been allowed back to their homes are ordered away from the contaminated areas. City Clerk Cindy Price says part of the concern is because first responders and rescuers who have had prolonged exposure to the area are experiencing rashes and diarrhea.

Price said anyone in contact with flood water should wash with bottled water.

The state incident command assumed control Friday morning in the area of Coffeyville affected by the floods. Price says residents won't be allowed back in until environmental testing is finished.

Montgomery County and several other counties in southeast Kansas have been declared federal disaster areas because of the flooding that hit over the weekend.

[piedmont]

17. Building the refinery somewhere other than the floodplain would have prevented this.

Why didn't they build such a potentially dangerous facility on higher ground?

[karlrschneider]

19. You're right. The top of Pike's Peak would have been a much better choice.

I defer to your petrogeographical expertise.

[strategery blunder]

21. Then it would be carried off in an avalanche.

I defer to the :popcorn: mentioned in the first reply.

[originalpckelly]

20. Oh come on, not building flood plane?

That's way too hard to get! :sarcasm: