Katrina Victim Morons

[Lewkowski]

http://news.yahoo.com/s/afp/20100304...warminguscourt

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WASHINGTON (AFP) – Victims of Hurricane Katrina are seeking to sue carbon gas-emitting multinationals for helping fuel global warming and boosting the devastating 2005 storm, legal documents showed.

The class action suit brought by residents from southern Mississippi, which was ravaged by hurricane-force winds and driving rains, was first filed just weeks after the August 2005 storm hit.

"The plaintiffs allege that defendants' operation of energy, fossil fuels, and chemical industries in the United States caused the emission of greenhouse gasses that contributed to global warming," say the documents seen by AFP.

The increase in global surface air and water temperatures "in turn caused a rise in sea levels and added to the ferocity of Hurricane Katrina, which combined to destroy the plaintiffs' private property, as well as public property useful to them."

More than 1,200 people died in Hurricane Katrina, which lashed the area, swamping New Orleans in Louisiana when levees gave way under the weight of the waves.

The suit, claiming compensation and punitive damages from multinational companies including Shell, ExxonMobile, BP and Chevron, has already passed several key legal hurdles, after initially being knocked back by the lowest court.

Three federal appeals court judges decided in October 2009 that the case could be heard. But in February the same court decided to re-examine whether it could be heard this time with nine judges.

Other companies named in the suit include Honeywell and American Electric Power, with the residents charging that "the defendants' greenhouse gas emissions caused saltwater, debris, sediment, hazardous substances, and other materials to enter, remain on, and damage plaintiffs' property."

They allege that companies had a duty to "avoid unreasonably endangering the environment, public health, public and private property."

The district court, which initially rejected the case, ruled that it was "a debate which simply has no place in the court."

The court argued that Congress first had to enact legislation "which sets appropriate standards by which this court can measure conduct."

Mississippi residents must now wait for the appeals court to fix a new hearing, in principle within the next three months.

A decision would then be due by the end of 2010, and both sides could also then take the case to the Supreme Court.

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I mean really. There are no words.

[GGT]

Lewk, you're calling the wrong people morons. That title belongs to lawyers and judges.

[Lewkowski]

Lawyers probably getting paid regardless. Shameless opportunists yes, but not moronic if they are still being paid.

[GGT]

Lawyers probably getting paid regardless. Shameless opportunists yes, but not moronic if they are still being paid.

All your ethics r belong to us? Money monkey much?

[Lewkowski]

All your ethics r belong to us? Money monkey much?

Eh? What do you think I meant by shameless opportunist? Lawyers (as a general rule) tend to be an evil bunch. That doesn't make them stupid, just evil.

[GGT]

But Katrina victims are "morons"?

[Unheard Of]

He has a point* - it seems unlikely to go in their favour, and I'm assuming that the lawyers will find a way to get paid regardless.

* Lewk has made many points and very few of them are right, so I'm willing to put it down to chance

[EyeKhan]

I mean really. There are no words.

There's lots of words.

[Loki]

I always do wonder what incentives judges have to not allow inappropriate cases to continue. It gives lawyers money, it lets the judge make a policy decision (i.e. gives him more power), and gives the judiciary as a whole jurisdiction over yet another issue (making the judiciary more powerful). So why not accept every case that questions social or economic policy?

[ar81]

It is interesting. They would be morons only if it there was no possible cause and effect.
But mankind has mechanisms in place that contribute to gas emissions, and it is a scientific fact (basic chemistry) that those are greenhouse gases.
So they may have an interesting case in their hands.

I always do wonder what incentives judges have to not allow inappropriate cases to continue.

If they dismissed the case, they would be judging it and taking sides without evidence to sustain their judgement.
They could be sued for legal malpraxis.

[Hazir]

Actually it's not as silly as it seems. These people are simply tagging along with the 'man-made' global warming band waggon. If your government tells you that global warming is caused by humans (Cap and Trade for example). And that Global Warming again is causing the extreme weather patterns, which destroyed your home and livelihood. Then it's not such a far stretch any longer to assume liability.

They may find it a bit hard to to pinpoint the people liable since, its definately not just big multi-nationals burning fossil fuels.

Oh and AR, judges throw out cases on a regular basis without actually ruling. It's standard procedure in ajudication. I am not a judge but I have to follow roughly the same guidelines when I decide on the admissability of a claim or not. For example, if someone makes an objection but fails to submit grounds for such an objection I will declare it inadmissable without further looking at the facts. People could of course then go to court, but the judge again will not rule on the facts of the case but on the question if grounds were submitted or not.

[Dreadnaught]

As if this was the first hurricane to hit the Gulf of Mexico.

But seriously, why are the energy companies a target? They don't emit the CO2, they supply the fuel to the emitters. In truth they should be suing the entire world.

[Lewkowski]

But Katrina victims are "morons"?

The one's suing... yes, yes they are morons.

[Supermarioman]

There are rare times I can say that a legal case makes a mockery of the American legal system.
This is one of them.

[ar81]

As if this was the first hurricane to hit the Gulf of Mexico.

But seriously, why are the energy companies a target? They don't emit the CO2, they supply the fuel to the emitters. In truth they should be suing the entire world.

In that case, using an analogy of your example, Iran should be allowed to go nuclear, since they only would provide nuclear material to extremists...
It is not the first hurricane, but it was exceptionally strong due to temperatures.

[Dreadnaught]

I didn't understand all us breathing folk were extremists.

[Loki]

It's funny how some global warming supporters are as incapable of realizing the difference between weather and climate as the opponents.