Can we all file suits against BP for damages? It's going to drive up prices for everyone.

Gas prices will go up, seafood prices will go up and almost everything else impacted by the contaminated Gulf of Mexico will drive up prices. All these costs will be the direct result of willful negligence by BP. It is their legal responsibility to make you 'whole'.

Since we all will be financially harmed by their violations of the law, I believe we all go to small claims courts across the nation with itemized lists of the additional costs we will have to pay as a result of BP's willful negligence? Before any lawsuit however, the company should be given the opportunity to make you 'whole' again. But given the circumstances you may be experiencing financial losses well into the future.

If your case does end up in court I suggest accumulating records of your loses (higher prices or other impacts) and then sue BP, Halliburton and TransOcean. If they fail to show up in court they will automatically lose and the plaintiff be awarded the damages sought.

Can you imagine BP being sued in tens of thousands of different small claims courts across the country? They would never have the number of slick, greasy corporate attorneys to defend themselves in every court, so they would automatically lose their cases if they don't show up. BTW, you don't need an attorney to file suit. BTW, in my area it only cost $6 more for a full jury trial. Can you imagine a jury of your peers siding against you and for BP, which has also caused them financial harm as well?

I know BP says they will compensate fishermen or others directly affected by their willful negligence, but I haven't heard them say they will also compensate all the other victims of their destruction of the environment, like the rest of the population who will see prices increase.

I say, lets all bury them in lawsuits from coast to coast. It's a certainty their disaster will cost us, so we should be compensated for our losses?

In order to file a lawsuit, such as in a small claims court, you have to have a point of contact, including a name and address. This is needed so the court has a location in which to serve its legal papers. I have found one legitimate number if you have a complaint. It's 281 366 5511. The office is located in Houston, Texas. It took me 25 calls to different BP offices around the US before I finally found one manned by a human being. My calls took me around the world, even though I always called US numbers. The next to last person I talked with was in India, even though I called a BP office in Illinois. Corporate leaders are proficient at insulating themselves from any contact with people, responsibility and accountability.

I've taken matters to small claims courts seven times and I've won all seven. Class action lawsuits only benefit lawyers, with people getting a fraction of their losses. I remember being a part of a class action lawsuit and I received about fifteen cents. But the lawyers handling the case got rich I'm sure.

I don't know what would prevent anyone from going to small claims court. It's local and it's cheap to file a lawsuit. And if hundreds of thousands of Americans each filed suit it would overload BP's legal department meaning they couldn't even show up to defend themselves, and when that happens they automatically lose and the verdict goes against them.

You might find that suing BP isn't like suing your neighbor because his dog barked at you.

If BP notices you're posting their number and encouraging others to swamp them, they may sue you - in a real court - not some small claims court. Small claims courts are not courts of record. Even if you win in them, an appeal is a trial de novo in a court of record, typically a county court at law or district court. There, you'll face a real judge, who will have none of your silly bullshit.

Assume that people follow your lead. What are they suing BP for? Making the price of their gasoline go up? How are you going to prove that? Or making their seafood go up? How are you going to prove that? I don't mean how will you prove it to yourself, but how will you prove it in a court of law, where there are standards of proof? Your speculation isn't evidence. What you hear on news shows is not evidence. What you conclude or strongly believe is not evidence.

There's a reason lawyers have to go to law school and pass the bar exam. It's to learn all the things you don't know, things needed to understand why a class action suit accomplishes more than any band of citizens filing small claims cases.

I appreciate your input and I see nothing wrong with asking other wronged people to stand up for themselves. I know what evidence is and when I appear in court I know what disclosure is and I know how to present evidence. It's surprisingly easy to present one's case when records are kept to reflect losses incurred and can prove the offending party caused those losses.

May I ask you a question? Are you an attorney? Are you with BP? Have you ever taken a matter before a court? Have you ever acted as your own advocate (acting as your own attorney) in a court of law? Something other than my topic seems to be at the root of your post, mostly against me.

As I said, I won seven cases against seven different members of the bar association. I also filed dozens of briefs and advanced a friend's case and was successful in getting it appealed to a district court. I was acting in his behalf in the background as he filed pro bono actions (I wrote) to the court. If I can successfully beat seven different attorneys and even another in a child custody case that doesn't speak well of the legal profession you are so fond of.

While some class action lawsuits are the best method in which to proceed, they are often just big cash cows for the attorneys, leaving nothing but scraps for the truly harmed people. Did you read my post earlier about getting a few cents as a result of a class action lawsuit? I'm sure the attorneys made a fortune while the wronged people received a few lousy coins. I'm beginning to suspect you are an attorney and if that were the case I wouldn't be attacking someone for just wanting others to stand up for themselves and to get payment for their very real losses.

It's called 'justice' and I have been a lifelong advocate for others in obtaining justice.

I wonder what the repercussions of BP suing me for using my 1st Amendment rights would be? Do you believe they are a god-like force that can destroy anything and anyone in their paths? I wonder how their suing me would play out in the media? Hummm... Are you telling me no one should stand up for our fellow man and dutifully succumb to the will of corporate masters? Are you saying we should all cower in total fear of such earthly gods? Just what kind of retaliation do you believe BP would attempt? And wouldn't such a retaliation also be subject to legal repercussions?

Be honest... what kind of law do you practice? And are you an employee with BP or another oil company? These are serious questions and I am just curious.

All the best to you...

I would love to hear the report on how your planned small claims case against BP goes. It may not go the way you think it will.

I'll answer some of your questions, mainly because many here already know, and allowing ridiculous conjecture to stand unanswered would allow your silly accusations to influence others. I am a lawyer, with many, many civil trials successfully tried. I've never represented BP. I have sued them successfully. I have sued other major oil companies successfully, too. None of them are push overs. They all spend wildly on litigation. I don't handle class action cases and am not handling any cases involving BP or Transocean (and don't expect to do so). I do expect to continue to encourage citizens to boycott BP. I do intend to continue to encourage legitimate litigation against BP and Transocean.

I don't know about your personal history, as you report it, but I'll take it with a grain of salt. I'm more interested in your pursuing the course of action you're encouraging others to take: a lawsuit by you against BP in small claims court. I've asked you to move forward on that plan and report the outcome here.

Why don't you do what you're encouraging others here to do and sue BP in small claims court, then report back here what happens? I want to know if your plan ever results in you getting money from BP, and I'm sure others would like to know that, too.

I favor litigation against BP, as I've said many times here, but the kind you're talking about is truly pointless and inappropriate.

It affects all of us.

There will be good lawsuits by injured parties: restaurants, hotels, property owners, stockholders, many others. Some of those will be class action suits. Many will be by large business concerns. Environmental groups will sue.

I have no doubt that a tsunami of litigation is hitting BP and Transocean. The big question will be: which court will take control of all the litigation, and how? One reason companies file chapter 11 is to stop litigation all over and force everyone to go through the bankruptcy court gatekeeper. That action gives the debtor in possession (BP) a form of homecourt advantage, and allows them to stop responding to lawsuits all over the nation. That action shuts down all the discovery coming from all those cases. While the major cases will eventually plod forward, the effect of the filing will be to stop for some period the onslaught of new litigation cropping up everywhere.

Recall how the Transocean board just voted a big dividend? They're getting cash to the stockholders BEFORE they go into chapter 11, if that's where they end up. Remember that the company insiders are big stockholders. They benefit directly from the dividends being paid, and those are benefits they get as stockholders, so they don't have the problem they might have with other forms of late remuneration - such as salary increases or bonuses.

The more litigation there is, the more likely BP or Transocean end up in federal bankruptcy court, probably in Houston.

Irresponsible corporations should not be allowed to participate in society.

You'll have the right to petition the bankruptcy court to allow your small claims case to move forward. Or, you can ask the bankruptcy court to hear the matter and rule.

They're not like JP court in the federal court house. They have a higher standard of conduct, and it is one with which you should familiarize yourself before entering.

a long-shot for any kind of success.

They would probably be able to get every one of the lawsuits automatically dismissed with little or no cost to themselves.

Or just get their Congress-cretins to pass a law exempting them.

I told him about suing in small claims court and he loved the idea. He's going to keep a tally and records of all costs associated with BP's willful disregard for the environment and the safety of its workers and then sue BP in small claims court.

by going bankrupt and reorganizing under another name. My name suggestion: Worst Fucking Oil Company On the Planet.

Just before I got quotes on leveling my house's foundation I did some research. Then I called and got estimates. One company offered their service for $2500 and Du West was four times more than that. Du West had a sister company that did the same work for less than half. The Du West manager I spoke with said their sister company's warranty was only half as long as Du West's. But I asked him, "What's to stop you from just changing you name and not warranting any of your work". He replied, "Nothing". He said his company could do it tomorrow if they wanted. Then I asked him, "Then why would you even try to sell me a warranty that cost an additional $7,500 when it's worthless?".

Companies can just change names and nullify any warranty they write, so I ended up going with the cheapest quote. It cost $2500 to put in 38 piers around my house, while Du West was going to only put in 15. In other words, I was probably going to get ripped off if I choose Du West, especially since I was told all they had to do was change their company name to escape honoring their $7,500 warranties.

I live in a red state where businesses can do anything they want. They can change their names and screw people without any consequences. I told that manager we need tough laws against companies like his who can legally screw people.

So I understand your point Vinca. But taking the BP bastards to small claims courts wouldn't cost us much and I don't see how they can legally get around a personal complaint where they caused a person financial harm. And if they failed to appear in court they would lose their case and the court would be forced to present the damages to the company to be paid.

I am 7-0 in cases in small claims courts against companies. I probably have a better record in court than any lawyer.

Thanks for you inputs. I appreciate them!

But I asked the manager at Du West

bought a house once that was billed as fully insulated and it wasn't and a couple of business-related things when people didn't pay their bills. I'd love for everyone to go after BP, but if they go belly up there will be no company to sue. This whole incident is so horrendous I can't wrap my brain around it. Money can never fix the ecological damage or stop the sea life and birds from dying. It makes me furious that lefties have been billed as treehuggers at best and antiAmerican at worst because we want to put up solar panels and wind turbines. Even worse, the right and some on the left are still pimping offshore drilling. It's like they won't be satisfied until the planet is offically uninhabitable.

Even if I didn't win a cent from BP, I would like to stand by its corporate corpse and feel I helped purge the world of just a little piece of the evil lurking in it. You're right, no amount of money from their corporate treasury would ever right their wrongs. I am so worried about the ecological damage and the chain of events that are sure to follow for decades or even centuries.

You're correct about those on the right still proposing reckless drilling where companies admit they have no experience drilling at depths of 5,000 feel undersea and many miles below the ocean's floor. A conservative utopia is one where every square inch of our planet is being used for profit and to hell with the consequences of such a ridiculous plan. Conservatives openly laugh at creatures going extinct. I heard the republican god, Rush Limblah, say extinction has been going on for millions of years so it is okay for animals or other lives to go extinct, totally oblivious to the fact that all of nature is one big balancing act, and with man's affect on it, nature can ultimately tip it in a direction which could threaten our existence.

Conservatives 'claim' to be the 'party of god', but then they support every measure to defile and pollute the world God gave us. God gave us this planet to take care of, not exploit for wealth or power. There are plenty of resources on this planet for all human life, if only they were used properly and with restraint. But conservatives believe making money is the only true 'value' regardless of how it's made, while people who love the environment and animal life have no value, and are regularly condemned. Right wingers ridicule those who care about the environment calling them tree huggers or environazis. They are the true enemies of our planet and our species.

Unfortunately, republicans have mutated toward the radical forces of conservative extremism and the tea party gang, who are only able to see short term exploitations, and not long term consequences. The republican party used to have men of courage, conviction and intelligence. Now they are a menagerie of misfits and mutants espousing the most ridiculous and reckless things imaginable. Ignorance, hatred, racism, fear and rage are virtues to them....

I feel it deserves a thread of it's own:

"A corporation is apparently in command of our Coast Guard, not our government and not us. We have more than an oil disaster on our hands. We have private mercenary forces working around the world, we have lobbyists armed to the teeth with money to buy congress and we have a corporation telling our Coast Guard who should be able to see what. It's the PEOPLE's ocean, not BPs. If I was president and I heard a private corporation was dictating to my military I would fire anyone in the Coast Guard who complied with a corporate demand and then I would take control over the Gulf area, announcing that if any BP watercraft was anywhere near the Gulf they would be seized and if they didn't comply they would be sank."

edit: ps: I hope that you don't mind me re-posting it.



K&R

I'm glad you read it. It's always nice when what I write is appreciated. All the best...

"A corporation is apparently in command of our Coast Guard, not our government and not us. We have more than an oil disaster on our hands. We have private mercenary forces working around the world, we have lobbyists armed to the teeth with money to buy congress and we have a corporation telling our Coast Guard who should be able to see what. It's the PEOPLE's ocean, not BPs. If I was president and I heard a private corporation was dictating to my military I would fire anyone in the Coast Guard who complied with a corporate demand and then I would take control over the Gulf area, announcing that if any BP watercraft was anywhere near the Gulf they would be seized and if they didn't comply they would be sank."

What is your cause of action?

Are you a stockholder in BP? That's a basis to sue them.

Are you a contractor who has a deal with BP? Also a basis.

Are you a business owner who has suffered because of BP's actions, and can you prove a causal link between BP's action and your loss? A basis to sue them.

Do you own beach front property that is damaged by the oil? Another basis to sue them.

Do you own wetlands damaged by the oil? A basis to sue them.

What you're doing is encouraging people to file cases that have no legal basis, cases that can cost them dearly if the courts are displeased with their filing. Even if BP fails to show, which is unlikely, courts will be unlikely to enter judgments based upon your belief that BP has damaged you in a compensable manner.

Why don't you try suing BP in small claims court, as you've recommended, and then report back here each step of the way? Report back when you get BP served. Report back when BP either answers or fails to answer. Report back when you either get a default judgment or the case is tried. Report back if the case is appealed. Report back if you're ordered to pay BP's attorneys fees and costs of court. If your case is deemed frivolous, and it probably will be, the court can make you pay BP's attorney's fees.

I would take an educated guess that post-traumatic stress syndrome is going to increase. (one doesn't have to be there to acquire the disorder). Unless of course people have become so numb that it will just be, to quote Roger Waters, "another brick in the wall".

I don't know much about law, but I don't believe claims of pain and suffering would be considered frivolous, IMO.

Too over the top?

Is it foreseeable that wildlife will be covered with oil? Yes.

Is it foreseeable that people will try to help such wildlife? Yes.

Is it foreseeable that handling such animals will result in PTSD in such individuals? Yes.

Is that chain of foreseeability sufficient to result in liability to BP or Transocean for such PTSD? I don't know. It might be. It might not be. I imagine law students all over the nation are parsing this one in their Torts class right now.

Let me be clear. I'm on the plaintiffs side of these kind of matters, not big oil's. I like seeing liability extended for reasonably foreseeable injuries.

What a mess.