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"The government can probably escape liability for almost all injuries," says an analysis by Prof. Edward P. Richards and Dr. Katharine C. Rathbun of Louisiana State University.
"All too often, in the past, organisations have been able to escape liability for errors where if an individual had been responsible they would have been convicted.
But critics say such an exemption could make it easier for Aventis to escape liability for any harm, including farmers' economic losses.
Third, the companies at the top of the often intricate structures of exploitation almost always escape liability for their flawed business models.
He ruled that Irving - who was not in court - should not be enabled to escape liability for the costs of the failed libel action.
The appeals "are also allowing miners, in some cases the worst operators, to escape liability for which they are in fact liable and continue to put miners in harm's way," Mr. Miller said at the hearing.
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Nyden, who died in January, revealed through his reporting how the coal industry had built a maze of shell companies to escape liabilities for pensions, health benefits and environmental cleanup.
For decades, companies that cleared such trades — Bear Stearns was a big one — escaped liability for fraud at these so-called "bucket shops".
"Lacking any significant performance history, rating agencies rated unratable products for regulatory approval and escaped liability for doing so under First Amendment protection," said Joseph Mason, a finance professor at Louisiana State University.
Consider, for example, the defendant who escaped liability for a barrage of harassing comments, many of which had a bizarre, pun-like quality, such as, "Hey honey, how many wheels are in your menstrual cycle?" And then, finally, there are the defamation claims.
To opponents, employment arbitration simply provides second class justice and a route for employers to escape liability under the law.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com