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From: LouisianaLegal@ao*.co*
Date: Fri, 12 Jul 2002 15:12:33 EDT
Subject: Re: GUE
To: PAlexakos@ao*.co*, techdiver@aquanaut.com, udo@hy*.or*,
     quest@gu*.co*, JJ@gu*.co*, DEEPEXPL@ao*.co*, ahall@da*.co*
P:

Why does GUE even care if Dan does or does not let GUE divers on his boat? 
Actually, reading some of the accusations that have been thrown at the 
Seeker, assuming one believes even 1% of them, GUE should say nothing in 
public (thank you in private) and go on. I would imagine that all GUE 
certified divers would stay far away as possible from the Seeker in light of 
all the "libel and slander" that has been thrown against Dan. I don't know 
Dan and  never dived the Seeker. But if what is written about the vessel is 
even partially true then your employer should be grateful.

As any attorney will tell you Dan as captain of his boat can refuse service 
to any one as long as he does not routinely discriminate against any of the 
protected classes in the Bill of Rights. The "right" to tech dive on the 
Seeker is not a constitutionally protected right no matter who trained you. 

As for Alton filing a suit for "slander" against Dan, leaving aside the 
question of what, if any, damages have occurred to GUE; if in fact Dan 
incorrectly said GUE instructors had or have no insurance (which so far I've 
only seen quotes from other people alleging Dan to have said this), I can 
imagine that Dan's lawyers would counter file in response with their own 
libel and slander actions.  The litigation could go on for years. Then the 
only people who would be getting rich are the lawyers filing the lawsuits 
unless GUE's lawyer works pro bono. 

According, to an earlier post apparently Dan has an extensive release which 
some feel is a "shield" to litigation. The release is a sign of competent 
legal counsel in an age where anyone will sue for any perceived wrong.  I 
always love it when lawyers bemoan other good lawyers' draftsmanship.

Whatever happened to personal responsibility in diving?  

Susan
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