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by NickC25 1069 days ago
I see your point, but the whole purpose of an LLC is, yes, to prevent undue liability on those acting on the behalf of corporations, but at the same time, there needs to be a point where as a society we say "well, you can't claim limited liability because you knew directly what you were doing, and the negative effects of your actions, and you admitted as such in writing, so yes, you are liable".

Because otherwise, I could incorporate as XYZ LLC and say that any blatantly illegal act that causes real harm is just a byproduct of me doing business, and that I'm not actually liable for anything that happens to anyone else during me committing said illegal acts.

The slope here is so slippery it's effectively made of banana peels.

1 comments

It does make one wonder why the people vs hitman LLC isn’t a case before the Supreme Court.
Because we know, and have known, murder is illegal, and is illegal under a criminal statute.

PFAS wern't always known to be bad, and even after knowing chances are everyone reading this has some in their blood -- and most of you are doing just fine. Maybe 0.01% crappier than if you didn't have it in you, but it's a far cry from getting stabbed to death by a hired goon.

It’s a tricky legal ground. Companies DO make decisions which they know will kill people. Sometimes, they downplay the risks in less than ethical ways- sometimes they actively cover up the risks/reality.

I don’t think that it is so far fetched that a corporation should be held criminally liable, and that executives should be criminally liable when they discover one of these risks and do not accurately disclose it and mitigate the risk.

It doesn’t strike me as intrinsically different to hit an LLC provided that the company knew about the impact of PFAS.

Yeah I don't get why people think holding LLC's and top ranking execs liable is problematic. If you work for an LLC and hold any sort of professional license you are held liable, but the executives who make all the policy decisions around you are not, even if the issue you are held liable for is really their fault.