August 31st, 2010 by Admin
Punitive Damages Sought in BP Oil Spill Class Action Lawsuit
August 20, 2010 a new development in the BP oil spill lawsuit broke the news. A new BP oil spill class action lawsuit was filed on US District Court in New Orleans, seeking punitive damages from BP and other companies involved in drilling oil in the region, from the Macondo well. The BP oil spill lawsuit was filed on behalf of Corliss Gallo, a landowner on Grand Terre Island. His property was damaged by the oil spill, and trampled by the cleanup efforts that followed.
Defendants named are BP, Transocean Ltd., Cameron International and Halliburton, who are accused of “gross negligence and willful, wanton, and reckless indifference for the rights of others.” This case of punitive damages in the BP oil spill lawsuit is the first to bring to light the controversial question of punitive damages, after a 1994 decision in the Exxon Valdez oil leak. A jury awarded some Alaska fishermen around $5 billion in punitive damages, but the Supreme Court later reduced the punitive damages to $507 million, which was equal to actual damages.
The Supreme Court ruled that in maritime cases, punitive damages would be on a one-to-one ration with compensatory damages, which was a fair upper limit. However, in the case of reckless profiteering, the ratio could be three to one. The courts must find egregious behavior for the purpose of financial gain, on the part of the defendants, in order for punitive damages to equal three times compensatory damages.
Plaintiff Corliss Gallo’s attorneys will try to show that BP et al failed to fix equipment and knowingly took risks in order to further their profitable gain.
The gigantic BP oil spill class action lawsuit will likely be divided into categories, according to types of damages:
- natural resource damages
- personal injury
- economic injury damages
- racketeering charges
- punitive damages
August 30th, 2010 by Admin
Another oil spill class action lawsuit
Another oil spill class action lawsuit, this time in Michigan. Victims of an oil spill on the Kalamazoo River in Michigan claim health issues after an oil spill into the river. Defendant named in the Federal oil spill class action lawsuit is Enbridge, Inc, a Canadian company, responsible for the leak. The leak polluted approximately twenty miles of the Kalamazoo River, in south central Michigan. The pipe runs between Michigan and Canada and is owned by Enbridge.
Residents close to the river have been told not to use well water for drinking or cooking. It is believed that the leak will not reach the western end of the Kalamazoo River, which ends at Lake Michigan. It’s estimated that over one million gallons of oil have escaped, according to the Environmental Protection Agency. Enbridge officials put the estimated leakage closer to 800,000 gallons. The leak was capped rather quickly, especially when compared with the BP Oil Spill.
Residents who live in the immediate area of the oil leak were told to evacuate, due to the high amounts of Benzene in the air from the leak. There is also a BP Class Action Lawsuit involving exposure to Benzene, in a Texas City oil refinery.
Seven months ago, regulators had warned Enbridge about its 1900 mile pipeline and possible problems. Corrosion inspections did not meet Federal standards.
Lawyers have been holding town hall meetings, discussing what the oil spill class action lawsuit means, and how it will impact people affected by the environmental disaster. Enbridge says it will reimburse residents who own property, who had to evacuate. Lawyers are advising people not to sign anything from Enbridge before a lawyer looks at it.
August 28th, 2010 by Admin
BP Benzene Class Action in Texas
Once again, BP is facing a class action lawsuit. This BP class action lawsuit is based in a Galveston, Texas courthouse and alleges release of Benzene from a BP refinery. The BP refinery is in Texas City, TX, which is near Galveston. The suit alleges that the toxic substance Benzene was released into the atmosphere following an April 6, 2010 breakdown of a hydrogen compressor in its refinery.
Over 2200 plaintiffs in the BP class action lawsuit are claiming serious health issues were caused by the alleged Benzene leak. Plaintiffs are employees of the refinery as well as residents of Texas City, where the refinery is located. The suit claims that BP has been illegally releasing Benzene into the air, as recently as forty days prior to filing of the BP class action lawsuit on August 3, 2010.
The Texas City oil refinery is the third largest in the US, and had been cited previously for safety and environmental concerns. In September 2009 BP was fined by the U.S. Occupational Safety and Health Administration for not following safety agreements following a 2005 fire that killed 15 workers at the refinery.
Benzene is a known carcinogen, related to the development of cancer as well as leukemia and other life-threatening health problems. It’s also used in the production of synthetic rubber, plastic, dyes, and drugs.
BP was named in July in a BP oil spill class action lawsuit following the April 21 oil rig explosion in the Gulf of Mexico, at a different location. This BP class action lawsuit was filed just days after the oil giant announced it had stopped the flow of oil in that oil leak, after over three months of failed attempts.
