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Table of Contents . . . . . . . . . . iTable of Authorities . . . . . . . . . . iv
Overview of Legal Issues
The Ultimate Issues to be Addressed by the Court . . . . . 1General Discussion regarding “Gross Negligence” / “Wanton and Willful” / Etc. . 2General Observations regarding
P&E Boat Rentals
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Answers to Specific Legal Questions Posed by the Court
What is the standard for finding “gross negligence” or “willful misconduct”under the Clean Water Act (“CWA”), 33 U.S.C. § 1321(b)(7)(D),and the Oil Pollution Act of 1990 (“OPA”), 33 U.S.C. 2704(c)(1)(A)? . . 62.
What is the standard for a finding of punitive damages under generalmaritime law? Is this a different standard than under the CWA or OPA,and if so, how? . . . . . . . . . 103.
In order to find that a party acted with gross negligence [or willfulmisconduct or wanton or reckless disregard], is it necessary to find thatthere be at least one single act or omission that equates to gross negligence[etc], or can such a finding be based upon an accumulation or a series of negligent acts or omissions? . . . . . . . 134.
Can an act or omission that is not itself causal of the accident nevertheless be considered in determining whether a party engaged in conduct constitutinggross negligence [etc]? . . . . . . . . 145.
In order to find gross negligence [etc], is it sufficient if only employees onthe rig are guilty of such conduct, or is it necessary to find that this levelof conduct was attributable to shore-based or management-level employees? . 186.
Does compliance with MMS (or other applicable) regulations preclude afinding of gross negligence regardless of whether a defendant knew or shouldhave known that its conduct or equipment was unsafe, or violated acceptedengineering standards? . . . . . . . . 21
Case 2:10-md-02179-CJB-SS Document 10458 Filed 06/21/13 Page 2 of 72