General Negligence

BP’s “Gross Negligence” Under the Clean Water Act: A Deeper Look

September 19, 2014 | by Broussard, David & Moroux

Almost two weeks have passed since Judge Carl Barbier handed down his blistering opinion apportioning a majority of the fault to BP for the 2010 Gulf oil spill. As a follow-up to last week’s article, which detailed Judge Barbier’s ruling, we aim to dig deeper: Judge Barbier found that BP’s “gross” negligence opens them up to enhanced civil penalties under the Clean Water Act (CWA). But what does this mean for BP? Was this the right result?

The Ruling

The thrust of Judge Barbier’s opinion was to apportion fault, or responsibility, for the harrowing 87-day oil spill which followed Deepwater Horizon’s explosion. As we noted in last week’s article, Judge Barbier found BP 67 percent at fault for the spill and reserved only 30 percent and 3 percent for Transocean and Halliburton, respectively. Importantly, and the subject of this week’s in-depth look at his ruling, Judge Barbier found that BP’s “gross negligence” and “willful misconduct” opens them up to enhanced civil penalties under the Clean Water Act. Under the CWA, where a “person” causes a hazardous oil spill in navigable waters of the United States, and where this spill is the “result of gross negligence or willful misconduct… the person shall be subject to a civil penalty of not less than $100,000, and not more than $3,000 per barrel of oil or unit of reportable quantity of hazardous substance discharged.” 33 U.S.C. §1321(b)(7)(D). As Judge Barbier notes, this enhanced penalty provision does not require any “specific level of corporate management,” but instead opens up enhanced penalties to entities who violate this provision of the Clean Water Act whether it’s the result of systemic, gross negligence or not.

Federal Judge Finds BP “Grossly Negligent,” Allocates Majority of Fault for 2010 Oil Spill to BP

September 12, 2014 | by Broussard, David & Moroux

In a recent ruling handed down in Federal District Court in New Orleans, Federal District Judge Carl Barbier assigned the majority of the responsibility to BP for the 2010 explosion of Deepwater Horizon. Judge Barbier found the discharge of oil to be the result of BP’s “gross negligence” and “willful misconduct” under the Clean Water Act, which subjects BP to enhanced civil penalties. The ruling found BP responsible for 67 percent of the blowout, explosion, and subsequent oil spill, while the remaining percentage was divided among Transocean and Halliburton at 30 percent and 3 percent, respectively.

“BP’s conduct was reckless. Transocean’s conduct was negligent. Halliburton’s conduct was negligent,” wrote District Judge Barbier in his 153-page ruling.

While it has been estimated that BP could face fines of up to $18 billion, the Judge’s ruling noted that BP cannot be held liable for additional punitive damages under general maritime law. Usually, general maritime law which permits the imposition of punitive damages for reckless, willful, and wanton conduct. However, due to a unique jurisdictional rule in Louisiana, Texas, and Mississippi, the imposition of punitive damages under general maritime law has been severely limited, though not entirely abandoned. Indeed, punitive damages are still available for reckless, wanton conduct in the Fifth Circuit, though, the bar is much higher. In addition to proving the defendant’s “reckless, willful, and wanton conduct,” an award of punitive damages must also demonstrate systemic recklessness. “The maritime rule in the Fifth Circuit is generally insufficient to visit punitive damages upon the employer. Rather, the conduct must emanate from corporate policy or that a corporate official with policy-making authority participated in, approved of, or subsequently ratified the egregious conduct,” the ruling states. In the absence of such a corporate policy, Judge Barbier found that BP cannot be held liable for punitive damages under general maritime law. BP plans to appeal the decision.

LSBA Installs Local Lawyer to 2014-15 Board of Governors

August 4, 2014 | by Broussard, David & Moroux

The Louisiana State Bar Association’s (LSBA) 2014-15 officers and members of the Board of Governors were installed June 5, in conjunction with the LSBA’s Annual Meeting in Destin, Fla.

Lafayette lawyer, Blake R. David, was installed by Louisiana Supreme Court Chief Justice Bernette Johnson as the Third District Member of LSBA’s Board of Governors. The Board of Governors is comprised of 22 volunteer leaders who are charged with fiscal responsibility for the LSBA and with administration of the affairs of the Association. The LSBA assists more than 22,000 members in the practice of law.

Blake R. David was raised in Lafayette and is a founding partner of Broussard, David & Moroux. Mr. David focuses on personal injury and wrongful death litigation with an emphasis on offshore/maritime, trucking accident, aviation, products liability, industrial accident, and automobile claims.

Drunk Driving Accident on Mississippi River Bridge Claims Two Lives

May 12, 2014 | by Broussard, David & Moroux

A man accused of drunk driving faces two counts of vehicular homicide and a 2nd DWI, among other charges, after he rear-ended a vehicle while driving on I-10 over the Mississippi River Bridge, killing two passengers. Three others were transported to the hospital and treated for injuries that were not life-threatening. The accident remains under investigation.

Dog Bite Insurance Payments on the Rise

June 11, 2013 | by Broussard, David & Moroux

The dollar amounts paid for dog bite claims by insurance companies has increased drastically recently, while the number of claims has remained relatively the same.

Information released recently revealed that in 2012, $489.7 million was paid by insurance companies for dog bite claims. On average, insurance companies paid $29,752 per dog bite claim, a 55% increase over the past decade. These figures account for more than one-third of all money paid in homeowners claims.

While this increase is positive for those injured by dog bites, it could present problems for homeowners if a dog bit occurs at their home. insurers could raise premiums or exclude dog bite injuries from homeowners’ coverage after a bite.

Lafayette Parish Second in Binge Drinking

May 16, 2013 | by Broussard, David & Moroux

Lafayette recently ranked second in binge drinking in the state. The Lafayette binge drinking rate (binge drinking is defined as five drinks for a man and four drinks for a woman in a single sitting) was 21%. St. James Parish ranked first with a close rate of 25%.

Festivals, football, drive-thru daiquiri shops, a large college student population, a large concentration of offshore workers, and a strong European cultural influence are given as possible reasons for Acadiana’s high binge drinking rate.

Among physical consequences of binge drinking, other consequences such as DWI or an alcohol related motor vehicle accident can occur due to excessive alcohol consumption.

Alabama Barge Explosions Injure Many

April 25, 2013 | by Broussard, David & Moroux

Two fuel barges carrying natural gas exploded in Mobile, Alabama. The explosions resulted in the evacuation of a nearby docked cruise ship and critical burns on at least three individuals. The barges, owned by a Houston company, were in Mobile for cleaning and had been carrying natural gasoline.

Accidents on the water, such a boating collisions or other accidents, can cause serious a long-term injuries. Our firm represents clients in Louisiana that have sustained a serious personal injury or lost a loved one because of a boating collision or some other kind of boating accident.