Liability

Texaco's attorneys made another serious error not mentioned in "The Deal: How Getty Fell Into Texaco's Lap," (Jan. 19). Texaco gave Getty an open-ended indemnity agreement protecting it from liability in the event of future lawsuits. Any experienced attorney knows that open-end provisions are dangerous. Whenever possible they should be qualified, and in this case they should have been limited to a specific dollar amount--perhaps $125 a share (the price Texaco originally agreed to pay--it eventually paid out $128 a share)

Spokesmen for Neil Bush said Thursday that the President's son was not trying to reduce personal liability resulting from his role in the failure of a Denver thrift when he listed his wife as owner of a $550,000 home purchased last year. "I was not even consulted on it regarding any liability and didn't know about it until the last couple of weeks," said James E. Nesland, Bush's lawyer, referring to reports about the Denver house published by newspapers in Colorado.

Bankers are applauding a federal plan that would shield them from suits arising from pollution caused by their borrowers or toxic waste problems on property acquired through foreclosures. The Environmental Protection Agency wants to limit liability for creditors that lend to firms linked to hazardous waste problems.

The Senate Thursday moved toward approval of a bill to increase sharply the limits on liability for oil spills and establish a new federal fund that would provide up to $1 billion per spill for clean-up costs and damages. The measure, a response to the worst oil spill in U.S. history in Alaska last March, also would authorize the President to direct follow-up efforts and provide for triple damages levied on companies that refuse clean-up orders.

Federal-Mogul Corp., an auto parts supplier that once made brake pads using asbestos, is subject to an estimated $9 billion in death and injury claims in the U.S. and about $411.3 million in Britain, a U.S. judge decided. In a recently released opinion, U.S. District Judge Joseph H. Rodriguez in Camden, N.J., said he reviewed trial evidence and data from an asbestos personal injury committee in the company's bankruptcy case before making the ruling.

The Environmental Protection Agency on Wednesday proposed limiting banks' liability in cleaning up properties contaminated by hazardous materials, a move aimed at encouraging lending to stimulate the sluggish economy. The rules, developed by the EPA over the last 10 months, would clarify when lenders are liable for cleaning up toxic waste under the 1980 Superfund law.

Los Angeles County and five waste disposal districts sued 25 trash haulers Monday to make them pay if the county is held liable in lawsuits over toxicity problems at the Operating Industries landfill in Monterey Park. The county and the Athens-Woodcrest-Olivita, Belvedere, Firestone, Mesa Heights and Walnut Park disposal districts filed the suit in Los Angeles Superior Court.

The House on Wednesday rejected, 300 to 119, a proposal to require the nuclear power industry to shoulder unlimited liability for damages caused by a catastrophic accident, then neared passage of a compromise measure that would increase the current $700-million liability ceiling to $7 billion. The defeat of the amendment by Rep. Dennis E. Eckart (D-Ohio) signaled strong support for the complex compromise package crafted over two years by Reps. Morris K. Udall (D-Ariz.), Philip R. Sharp (D-Ind.

The state Supreme Court, limiting the liability of schools for misconduct by employees, held Thursday that a school district may not be sued for the alleged sexual assault by a teacher on a 14-year-old boy. In a 5-2 decision, the justices ruled that while the district could be held liable for direct negligence in hiring or supervising a teacher, it was not responsible for acts that were a clear departure from his official duties.

The Senate on Tuesday agreed to start debate on controversial product-liability legislation designed to protect companies and manufacturers from abusive and costly lawsuits. The Senate, on a 71-24 vote, ended the procedural maneuvering that had stalled progress on the bill, which would place a limit on punitive damage awards against small businesses accused of making faulty products.