Without wishing to be controversial, I have noticed that in the US, particularly State Courts, and a jury trial, of which I have had some experience, two wrongs do make a right! I have acted for companies that have been found liable for the acts of their employees, precisely because the jury recognised that the company could pay. Sometimes you have many multiple defendants, 'old uncle tom cobley and all', quite absurd from a logical, or legal, point of view, but that's how the cases go. When I started my legal career, the Oil Majors had US jurisdiction in their contracts. That slowly shifted to English law, which was found to be more reliable.