August 7, 2010

BP faces as much as $17.6 billion in civil fines for Gulf oil spill

Now that BP is finally on the verge of capping its well, the source of the largest oil spill in United States history, the oil company’s focus must now shift toward the cleanup of the Gulf and the expensive civil liability fines that it faces stemming from the disaster. Based on a federal panel of experts’ estimate earlier this week, BP could face up to $17.6 billion in civil penalties from the 4.1 million barrels of oils leaked from it well into the Gulf.

Environmental lawyers familiar with such toxic tort cases opine that BP is likely to negotiate a lower penalty. Nonetheless, the fines could still hurt the company’s ability to pay for the cleanup costs. Under the Clean Water Act, oil owners are liable for fines of $1,100 per barrel spilled even if it did nothing wrong. The penalty jumps to $4,300 per barrel if BP was grossly negligent, which would include making conscious decisions that increased the likelihood of an incident while engaged in a risky business, such as deepwater drilling. BP Chairman expressed doubt about the fines being that high, stating that BP and the government have a mutual interest in a lower number because, according to BP Chairman, the government does not want to push BP into insolvency.

The civil fines, discussed above, which fall under United States environmental laws are distinct from costs that BP currently faces to clean up the spill. Additionally, they are separate from costs that BP faces for compensating the personal injury victims of the disaster.

Click on the Business Week link to read more about the liability fines facing BP.

June 8, 2010

BP’s investors rattled by cleanup costs and lawsuits

The Chicago injury lawyers are watching the heart-wrenching stories stemming from the BP oil spill in the Gulf that is devastating the environment, citizens, and animals. The New York Times is reporting now that BP shareholders are fleeing the company’s stock amid concerns about the ultimate bill for cleanup costs, injury lawsuits, fines, and damage to BP’s reputation. The stock is falling as the largest oil spill in America history continues to move on with uncertainty.

Last week, the United States Attorney General Eric H. Holder, Jr. announced that federal authorities have begun opening civil and criminal investigations into the Deepwater Horizon explosion. BP officials stated that they have already paid $36 million to settle claims of economic loss and damage under the Oil Pollution Act, the 1990 law that was initiated after the Exxon Valdez disaster. More than 26,000 economic loss claims have been submitted. The law caps some varieties of damages at $75 million, which is a source of obvious contention. A Democrat has drafted legislation to raise that cap. While BP continues to be a strong corporation, but BP could potentially turn into a takeover target if the stock slide continues. Additionally, the company has insisted that they are well prepared to spend more than $75 million and already have.

Clearly, injury lawyers are planning injury and every other type of lawsuit in federal and state courts alike, seeking justice for victims of personal injury, lost business, and environmental damage. Under tort law, the injury lawsuits are not limited or barred by the Oil Pollution Act.

Click the link to read the entire article about the injury lawsuits that BP will face.

February 10, 2010

2 stores pull necklaces on concern over toxic cadmium

Teen fashion clothing store Aeropostale and Saks outlet stores have pulled from its shelves necklaces that had high levels of toxic metal in them. Environmental groups tested the necklaces and the necklaces showed to have high levels of cadmium, which could be harmful to consumers. Aeropostale has gone one step further, saying that no cadmium will be acceptable in its jewelry and suppliers will have to prove that products are clean with independent lab testing. Lately, cheap metal jewelry warn by children and often imported from China have been the focus of federal regulators, lawmakers, and retailers because of potential product liability.

To read more about the cadmium in jewelry, click here.

December 24, 2009

Workers awarded $100 million in personal injury lawsuit

The attorneys at Levin & Perconti just came across an article describing a large federal jury verdict to workers who received personal injuries. A jury has awarded multi millions to ten workers in a personal injury lawsuit. The personal injury victims alleged that they sustained personal injuries as a result of contamination. Ten workers for a British Petroleum PLC plant (probably known to you as “BP”) have been awarded millions in the personal injury lawsuit jury verdict against the BP company. The Associated Press (AP) has reported that the BP workers were awarded millions by a federal jury last week, after alleging that they sustained personal injuries from contamination within the plant.

Continue reading "Workers awarded $100 million in personal injury lawsuit" »

December 12, 2009

Mining company settles for $1.79 billion

After a lengthy four year long legal battle, a mining company has settled hazardous product liability claims with the government for a record $1.79 billion. The hazardous waste pollution occurred across 19 states. The settlement was announced by federal agencies last week.

Continue reading "Mining company settles for $1.79 billion" »

December 5, 2009

Study finds BPA in 90% of newborns

The attorneys at Levin & Perconti recently read a troubling article regarding a study released by Environmental Working Group. The Group found that nine of ten babies tested were born with bisphenol A (BPA) in their systems. This troubling finding has renewed calls for the chemical to be banned.

Continue reading "Study finds BPA in 90% of newborns" »

August 31, 2009

Illinois sues power generator over emissions

The Chicago Tribune recently reported that the Justice Department and the State of Illinois has filed an injury lawsuit against a company in Illinois that runs six coal-fired power plants. The safety lawsuit claims violations of the federal air pollution law. Emissions from the plants can cause health problems including heart attacks, breathing difficulties, and premature deaths.

To read more about the Illinois lawsuit against the power generator.

August 21, 2009

Airplane air may not be safe

According to a recent MSNBC article, numbers of air travelers have complained of experiencing tremors, crippling headaches, and other neurological problems after breathing strong fumes in flight. Numerous studies now blame the personal injuries from the airplanes on a “bleed air system” which is used on almost all commercial jets. The plane’s engines suck in fresh air from outside and circulate it. But, if there are oil leaks in the engine, the system can actually pump toxic fumes through the cabin.

To read more about the safety of airplane air.

July 26, 2009

Jury returns $1.25 million verdict to sulfuric acid spill victims

A personal injury defendant was ordered by a jury to pay damages of more than $1.25 million to six people personally injured from a sulfuric acid spill. The defendant has been found liable for personal injuries such as skin burns, eye irritations, and respiratory and eye problems sustained. The toxic tort leak occurred in 2004, stemming from a cracked pipe at a chemical plant.

To read more about the $1.25 million verdict.

July 23, 2009

Settlement reached over 2004 mercury spill

Residents who filed a personal injury lawsuits alleging that they were exposed to mercury and sickened when a building was vandalized in 2004 have reached a settlement. The settlement finalized last week involves an undisclosed sum of money and resolves a 2006 personal injury lawsuit.

To read more about the mercury spill settlement.

July 14, 2009

Town buried in ash still suffering injuries

More than six months after a town was buried in coal ash spilled from a power plant. The spill released potentially cancer-causing chemicals and radioactive materials, according to CNN.com. Some residents have reported new personal injuries since the chemical disaster. Reports from the EPA, however, have said that the general environment is now safe.

To read more about the ash spill.

July 12, 2009

FDA and USDA announce broad food safety initiatives

The Obama administration has ordered new action to improve the nation’s food supply and reduce outbreaks of salmonella and E. coli. The rules call for better coordination between agencies, such as the FDA and USDA. The rules aim at reducing salmonella infections from raw or undercooked eggs by 60%.

To read more about the food safety initiative.

July 12, 2009

Chinese drywall concerns focus on radioactive substance

The latest product liability concerns regarding the tainted Chinese drywall focus on radioactive substances that could have been included in the product. A radioactive byproduct is commonly used in Chinese-made drywall, but is banned in the U.S. However, no preliminary tests have found it in any problem drywall.

To read more about the Chinese tainted drywall.

July 7, 2009

Product liability lawsuit alleges toxic plane air caused illness

A products liability lawsuit filed by a veteran flight attendant states that she has been suffering personal injuries, such as balance and vision problems, arm tremors, and prickly sensations. Her liability lawsuit alleges that her illness stems from a flight that had a misty haze type of smoke on board the aircraft. The lawsuit alleges that the plane had a design flaw in inadequate filters and sensors.

To read more about the toxic air lawsuit.

June 10, 2009

$52.5 million settlement reached in nuclear plant explosure claims

After almost 15 years of product liability litigation, a $52.5 million settlement has been reached with 500 claimants who said they suffered personal injuries or property damage because of their exposure to radioactive emissions.

To read more about the $52.5 million injury settlement.

June 10, 2009

Toxic tort victims left out of GM bankruptcy plan

Asbestos-injury plaintiffs are saying that the government-backed plan to sell GM may be unconstitutional since they were left out of negotiations. The toxic tort plaintiffs have asked for an official committee in the bankruptcy case and argue that they cannot be bound by a reorganization of which they were not participants.

To read more about the toxic tort victims’ claims.

April 29, 2009

Barge worker files personal injury lawsuit after exposure to toxic chemicals

A man seeking more than $75,000 in damages has filed a personal injury lawsuit against a marine shipping company. The personal injury victim, a barge worker, was exposed to benzene and other hazardous and toxic chemicals and the exposure resulted in severe and disabling injuries.

To read more about the exposure injuries.

April 26, 2009

State Senate passes asbestos litigation claim

In a rare victory for personal injury trial attorneys in the South, a state Senate recently passed legislation making the recovery of damages easier after people are exposed to asbestos. The bill would apply strictly to mesothelioma lawsuits.

To read more about the asbestos bill.

April 17, 2009

Update on asbestos litigation

The government’s toxic tort lawsuit against W.R. Grace & Company is continuing. The government’s lawsuit claims that the company conspired to violate the Clean Air act and obstruct justice. The government attorneys are arguing that the company’s violations have led to more than 200 asbestos-related deaths and thousands of asbestos-related illnesses.

To read more about the asbestos lawsuit.

April 16, 2009

143 plaintiffs seek damages from BP

An attorney has filed a personal injury lawsuit on behalf of 143 plaintiffs against BP seeking damages. The personal injury lawsuit stems from the alleged releases of chemicals used in the oil refinery. More than one of the plaintiffs was hospitalized after the released chemicals.

To read more about personal injury lawsuit against BP.