H.R. 5503 makes six changes to current law to remove some limitations on liability related, in part, to the Gulf oil spill.  The bill makes three major changes to liability limits in federal maritime law; makes a change to the Class Action Fairness Act (CAFA); makes agreements restricting dissemination of information regarding a discharge of hazardous substances into U.S. waters void as against public policy; and makes certain important provisions of the Bankruptcy Code effectively inapplicable to debtors with liability related to oil spills.  The bill makes all of these changes apply retroactively.

Specifically, H.R. 5503 amends the Death on the High Seas Act to permit recovery of non-economic damages (e.g., pain and suffering and loss of care, comfort, and companionship) by the decedent’s family; standardize the geographic threshold for its application; and permit surviving family members to bring suit directly rather than through a personal representative.

The bill amends the Jones Act to permit recovery of non-economic damages (e.g., pain and suffering and loss of care, comfort, and companionship) by the families of seamen who are killed and are covered by the Jones Act. 

The bill repeals the Limitation of Liability Act, which addresses the liability of a vessel owner in the aftermath of a maritime accident.

H.R. 5503 attempts to amend the CAFA to clarify that impacted states can seek legal remedies in their own courts.

The bill makes agreements to restrict the disclosure of information about offshore spills of oil and other pollutants void as against public policy.

H.R. 5503 amends the Bankruptcy Code to prevent debtors liable for damages under the Oil Pollution Act from seeking to sever their assets from the legal liabilities they owe to tort claimants and makes chapter 15 of the Bankruptcy Code inapplicable to such debtors.

H.R. 5503 makes six changes to current law to remove some limitations on liability related, in part, to the Gulf oil spill.  The bill makes three major changes to liability limits in federal maritime law; makes a change to the Class Action Fairness Act (CAFA); makes agreements restricting dissemination of information regarding a discharge of hazardous substances into U.S. waters void as against public policy; and makes certain important provisions of the Bankruptcy Code effectively inapplicable to debtors with liability related to oil spills.  The bill makes all of these changes apply retroactively.

Specifically, H.R. 5503 amends the Death on the High Seas Act to permit recovery of non-economic damages (e.g., pain and suffering and loss of care, comfort, and companionship) by the decedent’s family; standardize the geographic threshold for its application; and permit surviving family members to bring suit directly rather than through a personal representative.

The bill amends the Jones Act to permit recovery of non-economic damages (e.g., pain and suffering and loss of care, comfort, and companionship) by the families of seamen who are killed and are covered by the Jones Act. 

The bill repeals the Limitation of Liability Act, which addresses the liability of a vessel owner in the aftermath of a maritime accident.

H.R. 5503 attempts to amend the CAFA to clarify that impacted states can seek legal remedies in their own courts.

The bill makes agreements to restrict the disclosure of information about offshore spills of oil and other pollutants void as against public policy.

H.R. 5503 amends the Bankruptcy Code to prevent debtors liable for damages under the Oil Pollution Act from seeking to sever their assets from the legal liabilities they owe to tort claimants and makes chapter 15 of the Bankruptcy Code inapplicable to such debtors.