Judiciary Panel Addresses Concerns of Victims of the Gulf Coast Oil Spill

Washington, D.C.— House Judiciary Committee Chairman John Conyers, Jr. (D-Mich.) issued the following statement today outlining a series of proposals he expects the Judiciary Committee to consider prior to the July 4th district work period as a part of a coordinated effort with other committees and the House Leadership to respond to the ongoing oil spill catastrophe in the Gulf of Mexico.

"It is clear to me that many of our laws addressing liability and related issues must be updated to reflect the realities of our 21st century economy. We should not allow irresponsible corporations to use 19th century laws to shortchange oil spill victims. There is simply no reason to arbitrarily limit the legal responsibility of multibillion-dollar corporations at the expense of hard-working American workers and their families.

"Many of these issues were discussed at our hearing on May 27. I remain open to any and all good ideas that will help ensure that responsible parties in oil explosions and spills are fully accountable for their actions, that victims and affected communities receive full and fair recompense, and that the legal rules are not abused by the wrongdoers. I hope to work with interested members of the Judiciary Committee and the full House of Representatives and the Administration on these matters so they can be considered and acted on expeditiously to bring help to those who need it."

Chairman Conyers is working on legislation including the following provisions:

• Amending the Death on the High Seas Act (dating from 1920) to permit recovery of non-pecuniary damages (e.g., pain and suffering and loss of care, comfort, and companionship) recoverable by the decedent’s family, as well as standardizing the geographic threshold for its application.


• Repealing the outmoded Limitation on Liability Act (dating from 1851) which limits the liability of vessel owners to the value of the vessel and its cargo.


• Amending the Jones Act (dating from 1920) to permit recovery of non-pecuniary damages by seamen who are injured or killed.


• Clarifying the availability of punitive damages in incidents at sea to deter the potential wrongdoer and in egregious cases to subject the wrongdoers to heightened legal responsibility above and beyond the direct economic damages they cause.


• Clarifying the class action rules so that impacted States can seek effective legal remedies in their own courts.


• Strengthening the bankruptcy rules to prevent multibillion-dollar corporations responsible for widespread damages under the Oil Pollution Act from seeking to sever their assets from their legal liabilities owed to innocent victims.


• Specifying that parties responsible for widespread oil spill damage cannot force victims to waive their legal remedies or limit their right to speak out.


• The above changes would apply to pending and future legal claims.