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Old 12-03-2009, 03:54 PM
 
Location: Wisconsin
38,065 posts, read 22,219,705 times
Reputation: 13868

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Quote:
Originally Posted by RFlanagan View Post
The theatre of the absurd has found a new headlining act in Comer v. Murphy Oil USA. Essentially, landowners in Mississippi are suing oil and coal companies for rising sea levels and increased hurricane strength, claiming that the greenhouse gases they release is the cause.

The Fifth Circuit Court in New Orleans recently overturned a lower court’s ruling and will allow the plaintiffs their day in court. J. Russell Jackson, an expert on mass tort litigation, commented that, “Comer is a private class action for compensatory and punitive damages, not a suit brought by states or municipalities for injunctive relief. And that means contingency fees. And thus the promise of copycat lawsuits.”

While the Court ruled that the plaintiffs only had standing to assert their claims for public and private nuisance, trespass and negligence, it has opened the door for a flood of activist lawsuits by environmental groups. Journalist Kirsten Korosec speculates how far this ruling could go by asking if it would be possible to sue an automaker for making mostly SUVs.

According to Jackson, the Katrina case is at an early stage, and the Fifth Circuit’s ruling “does not mean there is enough causation evidence to survive a motion to dismiss.” Hopefully, that is exactly what will happen.

For more information, visit The Pelican Institute for Public Policy.
This is just another wake up call to all the fence sitters who are not sure if man-made global warming is a scam to steal money.

This is no different then third world countries trying to use global warming as an excuse to get the developed western nations to pay them in financial and technology transfers thru some supposed "Climate Debt" because they have been harmed by global warming.
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Old 12-03-2009, 03:55 PM
 
Location: mancos
7,788 posts, read 8,042,332 times
Reputation: 6706
well at least the global warming question will finally be answered. i mean they must prove it is true to prove it damaged them. will AG be a witness? bet they get to see a movie
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Old 12-03-2009, 03:59 PM
 
Location: Sinking in the Great Salt Lake
13,138 posts, read 22,845,375 times
Reputation: 14116
Quote:
Originally Posted by RFlanagan View Post
The theatre of the absurd has found a new headlining act in Comer v. Murphy Oil USA. Essentially, landowners in Mississippi are suing oil and coal companies for rising sea levels and increased hurricane strength, claiming that the greenhouse gases they release is the cause.

The Fifth Circuit Court in New Orleans recently overturned a lower court’s ruling and will allow the plaintiffs their day in court. J. Russell Jackson, an expert on mass tort litigation, commented that, “Comer is a private class action for compensatory and punitive damages, not a suit brought by states or municipalities for injunctive relief. And that means contingency fees. And thus the promise of copycat lawsuits.”

While the Court ruled that the plaintiffs only had standing to assert their claims for public and private nuisance, trespass and negligence, it has opened the door for a flood of activist lawsuits by environmental groups. Journalist Kirsten Korosec speculates how far this ruling could go by asking if it would be possible to sue an automaker for making mostly SUVs.

According to Jackson, the Katrina case is at an early stage, and the Fifth Circuit’s ruling “does not mean there is enough causation evidence to survive a motion to dismiss.” Hopefully, that is exactly what will happen.

For more information, visit The Pelican Institute for Public Policy.
Wouldn't it be better if they sued the French for establishing a city below sea level?
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Old 12-03-2009, 04:28 PM
 
Location: Bella Vista, Ark
77,771 posts, read 104,909,020 times
Reputation: 49248
Quote:
Originally Posted by RFlanagan View Post
The theatre of the absurd has found a new headlining act in Comer v. Murphy Oil USA. Essentially, landowners in Mississippi are suing oil and coal companies for rising sea levels and increased hurricane strength, claiming that the greenhouse gases they release is the cause.

The Fifth Circuit Court in New Orleans recently overturned a lower court’s ruling and will allow the plaintiffs their day in court. J. Russell Jackson, an expert on mass tort litigation, commented that, “Comer is a private class action for compensatory and punitive damages, not a suit brought by states or municipalities for injunctive relief. And that means contingency fees. And thus the promise of copycat lawsuits.”

While the Court ruled that the plaintiffs only had standing to assert their claims for public and private nuisance, trespass and negligence, it has opened the door for a flood of activist lawsuits by environmental groups. Journalist Kirsten Korosec speculates how far this ruling could go by asking if it would be possible to sue an automaker for making mostly SUVs.

According to Jackson, the Katrina case is at an early stage, and the Fifth Circuit’s ruling “does not mean there is enough causation evidence to survive a motion to dismiss.” Hopefully, that is exactly what will happen.

For more information, visit The Pelican Institute for Public Policy.
now I have heard everything...

Nita
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Old 12-03-2009, 04:34 PM
 
Location: Huntersville/Charlotte, NC and Washington, DC
26,700 posts, read 41,798,419 times
Reputation: 41398
Quote:
Originally Posted by Chango View Post
Wouldn't it be better if they sued the French for establishing a city below sea level?
Or the Gulf of Mexico for being warm and jet fuel for hurricanes?
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Old 12-03-2009, 04:34 PM
 
48,502 posts, read 96,959,274 times
Reputation: 18305
You can file asuit over anyhting ansd like to get a local court that will allow the suit to move forward especaily if he is a elected judge in a state.This is one reason we pay so much in litigation cost on things we buy.Most of these nuts cases have no moeney to bother with is the problem. The trail lawyers work on a per centage bases ;so we they should pay a per cenatge IMO of legal fees when they lose.Most are hopign for a settlement at less than court cost to defend the case. The democrats are the chapions of trail lawyers and their biggest campaign contributers.
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