Haynes and Boone in Law360: BP Beats Damages In $10B Toxic Emission Test Case


Thursday's decision comes a little more than a week after BP defeated class certification in a federal lawsuit over air pollution tied to the company's operation of the Texas City refinery.

On Sept. 30, U.S. District Judge Gregg Costa struck as unreliable critical expert testimony offered by a proposed class of more than 14,000 Texas City residents who say their homes were damaged by a series of emissions from the plant beginning in 2008.

Judge Costa ruled that a damages model prepared by real estate economist Robert Simons, which concluded the plaintiffs each suffered a loss in property value ranging between 5 and 20 percent, did not adequately tie air pollution from BP's refinery to alleged diminution to the plaintiffs’ home values...

In the federal suit, BP is represented by Kenneth Tekell Sr. of Tekell Book Allen & Morris LLP, Lynne Liberato and Richard Thaddeus Behrens of Haynes and Boone, LLP and David Philip Herrick of Herrick & Associates PC.

Excerpted from Law360, October 10, 2013. To view full article, click here (subscription required).

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