[quote name='UncleBob']Actually, this is a situation where tort reform is needed. If this was caused by as much negligence as has been indicated, there needs to be some jail time for a number of people. How many people do you think will end up in jail for this?[/quote]
Torts cannot, by definition, result in jail time. Torts and the criminal code don't have that kind of relationship. You can be found liable (not guilty, an important distinction) via tort law without having committed a crime. But if you're found guilty of a crime, you've probably opened yourself to a tort claim.
The Department of Justice right now is trying to figure out if anyone involved committed a crime, but pinning crimes on corporations or individuals on behalf of corporations is extremely difficult. I wouldn't be surprised if there's no criminal charges, even though you and I and any reasonable person can agree that an act this egregious, resulting in 11 deaths, a bunch of injuries, and unfathomable environmental damage means SOMEONE should be hittin up Club Fed for a hot minute.
Tort reform as proposed by Republicans would have placed a hard cap on a damage award won against BP in this instance. That's the whole problem with tort liability caps. You're basically (shit not basically, you ARE) saying that no matter how badly you dick someone else up, you should be protected. It's fantastic for business because a cap acts as a liability limiter even if you're found to be grossly negligent. As a business operating under a tort cap , why wouldn't you be grossly negligent if the numbers mean you can't lose even if you get sued for max damage?
BP clears $5.5 billion a year or so. You cap every single claim ever made against them at $100k. You could make 55,000 successful max claims against them and STILL only hit em for a single year of income, without even touching their underlying assets. If I'm a manager at BP, I'd blow off every safety concern ever raised. What the hell do I care? Capitalistically (yea I made that word up I think) speaking, it makes perfect sense.
Wikipedia has really good articles on Torts. Be careful though, it's not exclusively American in nature, plus they kind of assume you understand the whole US is based on English common law but is changed but not really kind of. Yea.
Torts
US Tort Law
US Tort Reform Efforts