A federal judge in New Orleans Sunday heard arguments from lawyers from Louisiana fishermen concerned that agreements they were signing with British Petroleum to serve as compensated volunteers in the cleanup effort from the oil spill would “seriously compromised the existing and future rights and potential legal claims” arising from their loss of livelihood.
Click here to read a pdf of the agreement BP required paid volunteers to sign.
U.S. District Court Judge Ginger Berrigan ruled that some language in the agreements was overbroad. In response, BP agreed to enter into a judgment stipulating that the provisions in question “are without effect.”
In a press release issued Sunday, Stuart Smith, an attorney for the fishermen, says, “This is an amazing example of how well our civil justice system works for the hard-working people of America, such as Louisiana fisherman who most need it right now.”
Among the language in the agreements deemed impermissible, according to Smith:
BP, which is mandated to take 100 percent responsibility for the oil clean-up, required that the volunteers indemnify it for any accidents that might occur from the volunteers' efforts.
BP demanded that the volunteers waive their First Amendment constitutional free speech rights about the volunteer's participation in the clean-up efforts of the disaster; for example, if a commercial fisherman signed this agreement he or she could not then speak to anyone about the disaster or clean-up efforts until BP first “approves” what the volunteer wants to say.
BP demanded a free ride on the volunteers' insurance policies so that if there is damage to a volunteer's vessel or other injuries, such as to a crew member, BP will be an “additional insured” and the financial responsibility for the damage will rest on the volunteer's insurance carrier, not on BP.
BP demanded 30 days notice before any volunteer is allowed to pursue legal claims against BP, and there were no exceptions made for emergencies.
MAY 21 Gambit columnist Clancy DuBos writes about the Mother's Day shooting, and how the stages of shock and blame and healing mirror those traveled by the same city following Hurricane Katrina. The city will recover, just as it did following the storm, by reaching out to help the people injured most seriously by the event, DuBos writes. It's how we heal, he says.
MAY 21 Here's a post on the Advocate (but buried on a subpage, not on the front) that reports something Louisiana Voice reported some time ago: a top DOE official lives in Los Angeles and "commutes" to Baton Rouge. The positioning of the story caused a stir on Facebook Monday, with several posters asking if the Advocate was covering someone's hiney. Sentell's stories on DOE are notoriously soft, and this one is no different: don't expect any hard questions in here.
MAY 21 Here's another post from blogger Tom Aswell about the "course choice" program. He's already reported on kids being signed up without their consent or knowledge, and has more here: For example, he tells of a six-year-old who was signed up for high school Latin. He also digs a little deeper into the sister companies of the main one operating in Louisiana; all of them seem to have complaints against them. Stinky.
MAY 21 Given the 80 percent cut in higher ed funding since he's been in office, it's clear Gov. Jindal would rather give tax cuts to out of state companies than have a functioning system, blogger Dayne Sherman argues in this post. The cuts have been such a disaster, Sherman says, that it will take 30 years to fix what's been broken. He says he believes the aim is to shut down most of the schools before Jindal leaves in 2016.
MAY 21 Blogger CB Forgotston says there are too many elections in Louisiana, and they're costing us too much money. The proof is in the pudding: turnout for most of these nonsensical pollings gets worse and worse, CB opines, even as millions of dollars that could be spent on health care or higher ed go down the tubes. The legislature must take action to stem the tide of pointless elections, he says.
MAY 21 Here's an interesting investigative piece by WVUE on the retirement benefits of some Jefferson Parish public employees. According to the story, the taxpayers are paying 100 percent of the retirement contributions of employees who started work prior to a certain date in April 1986 -- and have done for more than 30 years. It costs the parish millions annually, and might not be legal, the story reports.
MAY 21 This post on Bayou Buzz provides insight from Louisiana's intrepid pollster, Bernie Pinsonat, on the winners and losers from this year's legislative session. But to hear Bernie tell it, there's almost nuttin but losers: Jindal, the Republican party, the Fiscal Hawks all get big goose eggs in his win column.
MAY 20 This post on The Lens takes a look at a huge (either $500K or $250K) bill that one NOLA charter now has for school lunches. The RSD says the charter group didn't fill out the proper paperwork for federal reimbursement, but the story details how the RSD didn't ensure the people running the charter had the proper training, despite requests from hapless charter employees trying to fill out forms. Either way, somebody's asleep at the wheel.
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