BP Oil Plaintiffs’ Steering Committee Eyes Broad-Based Effort, Gonzalez says
Although BP’s oil is no longer flowing into the Gulf, the effects of the spill are being seen in the environment, and soon, will be felt in the courtroom as well. A federal judge has appointed 15 attorneys, including South Florida’s Ervin Gonzalez, to the Plaintiffs’ Steering Committee to plan and conduct discovery for the multi-district litigation, In re: Oil Spill by the Oil Rig "Deepwater Horizon."
In the months after BP’s "Deepwater Horizon" oil rig exploded in the Gulf of Mexico, triggering the largest oil spill in U.S. history, more than 300 cases have been filed in federal court by victims in each of the affected states. Last week, a federal court appointed 15 attorneys to lead the Plaintiffs’ Steering Committee, which will coordinate pre-trial discovery on behalf of all plaintiffs whose cases are consolidated within the multi-district litigation of what will be one of the largest mass torts in history.
U.S. District Judge Carl Barbier issued the order on Oct. 8 naming the 15 attorneys. Many of their practices are in the affected states – Florida, Alabama, Louisiana, Mississippi, and Texas.
Among the attorneys is Ervin Gonzalez, a partner at Colson Hicks Eidson in Coral Gables, Florida, and a member of the ACEDS Advisory Board. Gonzalez also serves on the Plaintiffs’ Steering Committee for the Chinese drywall multi-district litigation, or MDL.
E-discovery will be critical
"We will be asking for e-discovery. We want all electronically stored information, including e-mails; memos; recordings regarding the rig itself; the drilling; the alarms; batteries, blowout preventers, and maintenance," said Gonzalez. "E-discovery will be critical to establish that there was control outside of the rig itself."
More than 100 attorneys applied for a position on the steering committee. Gonzalez and Brian Barr, of Levin, Papantonio, based in Pensacola, were the two Florida attorneys named.
The Plaintiffs’ Steering Committee met for the first time on Oct. 14 for an organizational meeting, and appeared at a hearing the following day.
"What’s critical now is defeating limitation actions. They [defendants] are trying to cap the loss at $28 million, a cap from OPA and federal statutes," said Gonzalez.
The Oil Pollution Act of 1990 (OPA) governs oil spills in national waterways. The act, passed after the Exxon Valdez oil spill, establishes limits on liability and damages stemming from oil pollution, and a fund for compensation of damages.
The explosion of the BP oil rig on April 20 killed 11 workers and injured another 17, and released a five-month flood of millions of gallons of oil. The flow was effectively stopped on Sept. 19 through implementation of a cap and a relief well, although the effects on the environment and wildlife continue to be felt.
Hundreds of lawsuits filed
Hundreds of lawsuits against BP and its partners have been brought by a vast population of those affected by the oil spill. Workers, restaurant owners, fishermen, hotel operators, and even government agencies have filed claims for damages for wrongful death, personal injury, and economic damages and environmental damages.
One significant cost involved in the consolidated litigation derives from the number of experts that the Plaintiffs’ Steering Committee will consult.
"We will need experts from 20 different fields. Like, toxicology marine biology, engineering. We’ll need drill well engineers, machinists, environmental impact specialists, dermatologists, accident reconstructionists, experts on ocean currents, marine veterinarians, neurologists...it goes on," said Gonzalez.
In August, a judicial panel consolidated the multi-district litigation in New Orleans. Other jurisdictions, including South Florida, were under consideration to host the MDL because of concerns about the pressures in Louisiana courts from the large number of local families affected by the oil spill.
"There’s no question that New Orleans is the most affected city," said Gonzalez.
Leaving ample time for a thorough discovery process, the judge set the trial to start in February 2012.
In addition to Florida attorneys Ervin Gonzalez and Brian Barr, the other members selected for the Plaintiffs’ Steering Committee are: Jeffrey Breit of Norfolk, VA; Elizabeth Cabrasar of San Francisco, CA; Philip Cossich of Belle Chasse, LA; Alphonso Michael Espy of Jackson, MS; Calvin Fayard of Denham Springs, LA; Robin Greenwald of New York, NY; Rhon Jones of Montgomery, AL; Matthew Lundy of Lake Charles, LA; Michael Palmintier of Baton Rouge, LA; Paul M. Sterbcow of New Orleans, LA; Scott Summy of Dallas, TX; and Mikal Watts of Houston, TX.
