posted by on Aug 31
New BP class action lawsuit Seeks punitive Damages
In yet another BP oil spill lawsuit, Corliss Gallo is standing for plaintiffs who are suing for punitive damages in a BP class action lawsuit. BP and other companies involved with the Macondo oil well in the Gulf, which suffered a leak last April 2010, are named as defendants in the BP class action lawsuit, which was filed August 20, 2010. The other companies are Halliburton, Transocean LTD, and Cameron International.
Corliss Gallo et al. will seek punitive damages based on alleged gross negligence which harmed their property, as well as negligence during cleanup efforts which left property trampled. Corliss Gallo owns property on Grand Terre Island and claims his land was degraded by the BP oil spill, and further degraded by workers during the cleanup efforts after the spill.
Punitive damages are a controversial topic when it comes to oil spills. After the 1989 Exxon Valdez oil spill, some Alaska fishermen and others were awarded $5 billion in punitive damages by a court. Later, the Supreme Court reduced the punitive damages to $507 million. $507 million was the amount of actual, compensatory damages suffered by the plaintiffs. In other words, the Supreme Court at the time was laying rules dictating a one-t0-one ration between compensatory damages and punitive damages.
The Supreme Court in that case stated that only when reckless profiteering, or reckless behavior in order to increase profits, would a higher ratio be granted. That ration is three to one, punitive to compensatory damages. And that is what is being sought in the current BP class action lawsuit this month.
The big question is whether the three-to-one ratio for punitive damages will be warranted in this particular BP class action lawsuit. Lawyers on the Plaintiffs’ side will have to show egregious behavior for profit. Reports from the US Coast Guard and Congressional hearings will be used to show that defendants took risks and didn’t fix equipment in order to make a quick buck.
posted by on Aug 30
Oil spill class action lawsuit
It’s getting hard to keep the oil spills and related class action lawsuits straight these days. Now there’s an oil spill class action lawsuit in Michigan, with Enbridge Inc. named defendant. Their pipeline between Michigan and Canada sprang a leak this month, and leaked oil along twenty miles of the Kalamazoo River in South Central Michigan. Residents along the river were told not to drink or cook with their well water, and those who lived in the immediate area of the spill were told to evacuate.
Now, in their oil spill class action lawsuit, these residents are suing the Canadian energy company, but the works are still in the preliminary stages. Enbridge Inc, or Enbridge Energy, has been named before in class action lawsuits. Noxious fumes are coming from the river, and officials worry about lasting health problems. The wetlands around the Kalamazoo River are also in danger from the leaked oil.
Enbridge was warned by the US Environmental Protection Agency seven months ago about the conditon of the pipeline. It seems that corrosion levels did not meet Federal standards. They’ve been warned, cited and fined several times in the last decade, according to some reports. This is not their first oil spill class action lawsuit.
More than 800,000 gallons of oil have spilled into the Kalamazoo River, which became polluted last month after this oil spill. This Michigan oil spill is the worst in Midwest history. The pipeline carries oil from Western Canada into the United States.
A state of emergency was declared in the area, and skimmers and booms were deployed immediately in the area to control the oil spill. The area is located in south central Michigan, with Lake Michigan at the western end of the Kalamazoo River. Officials currently believe the oil will not reach the Lake.
posted by on Aug 28
BP Benzene Class action lawsuit
BP oil giant has been named in another class action lawsuit, this time in its Texas City oil refinery. The BP Benzene lawsuit claims BP released Benzene and other harmful chemicals and both workers and residents in the area were exposed to these toxic substances. This lawsuit was filed August 3, just after BP announced it had capped the oil leak in the Gulf, which had caused the company billions of dollars in an oil spill class action lawsuit.
The suit alleges that benzene was released into the atmosphere, causing harm to just over 2200 plaintiffs, which include workers and residents who claim they’re suffered serious illness and injury due to exposure to benzene. The benzene was supposedly released from the refinery near Galveston, which suffered an breakdown on April 6. The breakdown occurred in a hydrogen compressor at the plant, and allegedly caused benzene to be released into the air.
Benzene has been linked to serious health problems like leukemia, cancer, and other life-threatening health issues. It’s a known carcinogen.
BP, formerly known as British Petroleum, runs the Texas City Oil Refinery, which is the third largest in the United States. The refinery has been the subject of several major safety concerns. In 2005, an explosion and fire at the refinery killed 15 workers. The refinery has already been the subject of a class action lawsuit, over safely issues discovered during inspections after the 2005 fire. They were ordered to set up better pollution controls and to fund a clean air project for Texas City.
The BP benzene lawsuit could have similar outcomes, including fines, upgrades, and public programs.
posted by on May 8
The Deepwater Horizon oil rig exploded on April 20, 2010, sending thousands of gallons of oil into the Gulf of Mexico each day. Located 50 miles offshore from Lousiana, BP’s oil spill has threatened the marine resources of the area and could also damage the fishing and tourism industries for years to come. Already, there are several BP oil spill lawsuits in the making, including class action lawsuits. Environmental agencies as well as private individuals and local business have claims against BP, many based on the Oil Pullution Act of 1990.
At least six class action lawsuits have already been filed on behalf of coastline property owners, shrimpers, fishermen, and even restaurant owners and real estate brokers, all for lost income. Defendants in these oil spill class action lawsuits are not only BP, but also Transocean, who own the Deepwater Horizon oil rig. Also named are Halliburton Energy and Cameron International Corporation. Halliburton was working on the rig when the explosion took place. Cameron International Corporation were the manufacturers of the blow-out preventers, which obviously failed to operate.
Both individuals and businesses have filed oil spill class action lawsuits based on:
- personal property damages
- real property damages
- loss of profits and earning capacity
- increased costs of public services
- loss of commercial and subsistence use of natural resources
- loss of revenues
