Class Action Lawsuits

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 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.