Florida Keys News - Key West Citizen
Saturday, March 3, 2012
Add to FacebookAdd to Twitter
BP lawsuit will be heard in Key West

A class-action lawsuit filed in federal court in the wake of the 2010 Deepwater Horizon oil spill in the Gulf of Mexico will be heard in Key West.

More than 300 people and businesses are named as plaintiffs in the lawsuit against British Petroleum. The plaintiffs are seeking a cut of the $20 billion the oil company set aside to cover damage claims related to the spill.

The 328 plaintiffs in the 69-page complaint filed on Feb. 25 include many Monroe County companies, including, but not limited to: Banner Tire Key West, the Greater Key West Chamber of Commerce, Happily Ever After Key West, Key West Extreme Adventures, Turtle Kraals, Upper Keys Artificial Reef Foundation, Suite Dreams Inn Key West, the Southernmost Hotel companies, the Spottswood Cos. and a host of Duval Street businesses listed only by their addresses.

Other plaintiffs are located throughout the Gulf Coast.

The lawsuit asks that a jury decide how much of the $20 billion should go to them for lost business and revenue due to the oil spill.

Plaintiffs are represented by the environmental firm of Krupnick Campbell of Fort Lauderdale. Key West attorney David Paul Horan said he has joined forces with the firm for the lawsuit.

The case is separate from the massive litigation filed in federal court in New Orleans, said Horan, who explained the New Orleans litigation seeks to determine specifically who is liable in the oil spill, and to portion the liability among multiple defendants associated with the Deepwater Horizon blowout.

The Key West lawsuit is about cash, not who is liable, Horan said. Plaintiffs are alleging that BP violated the Oil Pollution Act of 1990, which states in part that companies must have detailed spill prevention and cleanup plans in place before they drill.

"Our concern is not who is liable," Horan said. "We're filing for damages on that $20 billion that was set aside by BP."

The lawsuit names BP Exploration & Production Inc. and Airborne Support International -- a contractor allegedly hired by BP to spray chemical oil dispersants -- as defendants.

The firm decided to file in Key West for reasons of expediency, Horan said.

"Things move faster down here than they do in Fort Lauderdale or Miami," he said. "There's simply less cases filed here."

Even so, he said the case is expected to take months, if not years, to resolve.

Share your thoughts and opinions related to this posting. Login or register to post comments. More Info

Some are real- some are fraudulent

Many charter boats, captains and crew did in fact suffer losses. Numerous groups that came to fish every year for consecutive years did indeed not book in the midst of the spilling of the oil into the Gulf. The wedding companies of Key West and such also suffered as brides shy'd away from what was a possible black sand wedding and not in Hawaii. Hotels suffered when weddings were not booking because of this. So future revenews were hot by this as weddingsare booked 2 to 3 years in advance. Banner tire? Oh please- no way. These people gave money to just about everyone who asked for it- baggers in grocery stores got $5000 or more. If you (person writing about mortgage etc) filed and recived $$ you were supposed to declare that $$ and then your tax returns would not be bleak. You needed to be diligent and file against BP. If you did not, than your lack of effort can only be blamed on you. If you did and didn't report the money paid as income, again, your fault. If you were denied, get a lawyer.

Good Job Navy...

I heard the CO of the air station threatened disciplinarian action against some civilian employees at the Navy "Fly Navy" building who submitted claims. They weren't impacted by the spill and some employees were trying to take advantage of it like so many on the island.

Try to get a new MORTGAGE

We were DIRECTLY hit by the loss of tourism right after the BP oil mess here. Business was literally crushed....until that November. Consequently...our tax return.....showed the huge losses. This year....we went to re-write our mortgage....and the bank laughed! We were denied...because we showed a "decline in income" for 2010! When we explained it was due to the BP oil spill......THEY DIDN'T CARE. When we showed them our 2011 tax return....that was back up again.....they told us that they "could only take 2 consecutive returns" into consideration. GOOD LUCK. And to the IDIOTS that think that these suits are frivolous......you might think differently....IF YOU WEREN"T WORKING HOURLY WAGE JOBS AND HAD TO GENERATE YOUR OWN INCOME EVERY WEEK ....so that you could PAY...people like you.....called employees.

Nope.

You are a liar, plain and simple.

Never Ends.

The entitlement mentality that is so prevalent today is just plain sad.

I am curious, though. Why didn't these businesses simply file

I am curious, though. Why didn't these businesses simply file a claim with BP's claim office?

You have got to be kidding.

You have got to be kidding. What a joke this town is. A bunch of crooks. A Tire Company - they should know better. Once a crook always a crook. Chamber of Commerce - please!!!! get a life people.

Good,

It will make the oil drillers think twice before setting a drill to the ocean bottom. It really scared the tourists away and lessen the businesses here, but even though the tourists came back stronger doesn't make up for the lost revenue that BP caused. Any disaster will have a negative effect on us.., we are a tourist island that caters to tourists 100%.

That year we recorder record

That year we recorder record numbers in tourism. Good luck with that one

No, we didn't.

No, we didn't. It was down noticeably. Local lodging and boating businesses got calls all the time asking about the 'tarballs' that were washing up in the Keys.

actually only a couple tar

actually only a couple tar balls showed up and dna testing showed they weren't from the BP spill. business in the Keys really wasn't affected and how a tire company was affected by this is beyond all comprehension... get your facts straight please!

slight correction to my prior comment

before anyone goes jumping on me about me about my previous comment, let me correct myself by saying there was more than a few tar balls that washed ashore that year. the problem with this being any kind of argument against the BP spill is that for decades tar balls have been washing ashore on all of Florida's beaches and around the world. they will continue to do so until we stop using oil or it's related products. the other correction I need to make is it wasn't DNA testing, but rather chemical testing. those test proved that no tar balls that washed ashore anywhere in Florida were connected to the BP spill. as for tourism dollars... for the most part the Keys had a record year. yes a few businesses saw reduced revenue, but it was most likely due to bad business decisions or that people simply didn't desire what those businesses had to offer. here's a few website you can check out... http://www.d7.uscgnews.com/go/doc/586/554303/ http://articles.cnn.com/2010-05-19/us/gulf.oil.spill.main_1_tar-balls-oi... http://www.travelandleisure.com/travel-blog/carry-on/2010/5/19/florida-k...

Companies lining up at the feeding trough

So lets all take money originally meant to help fishermen and shrimpers and give it to people marginally affected by the spill. I'll buy water oriented tourist attractions such as fishing excursions and diving, but a tire company? I didn't realize people flew in to Key West to buy tires. And what possible financial harm did the Key west Chamber of Commerce suffer? Did they have to cancel a lunch or something? As to the large hotel concerns, this is part of doing business. No one owes you anything if your rooms aren't filled to capacity. What's next? Are you going to sue NOAA for lost business the next time we need to evacuate for a hurricane?

While I can't speak for the tire business, anyone who is in the

While I can't speak for the tire business, anyone who is in the tourist-related industries indeed suffered as do those who were suppliers of tourist-related industries. If the tourists don't come, there's no food to serve, there are no items for the stores to sell. It is NOT a part of business to suffer damage from a company that has nothing to do with your busienss. An oil company and their bad management had plenty to do with damage to many others.

How could you?

This is the biggest load of crap ever. I am in the tourist business and 2010 was one of my best years. Why? Because northern Gulf Coast vacationers came here instead. More cruise ships and more flights came in to Key West than any previous year. These numbers do not lie. You cannot seriously tell me you suffered here in the Keys as a result of the spill. Thw reason I don't join your ranks of fraud and lies is because I am an honest person. Liars like you and these fraudsters in this frivolous lawsuit are simply pathetic.

not sure what bubble your

not sure what bubble your trapped in Tina, but the Keys weren't affected by the spill or a drop in tourism dollars...

Case should be thrown out of court.

This infuriates me more than even duh mayor's private dealings with the Monroe County School Board.

This is just a bunch of thieves and financial pirates and I'm not at all surprised to see David Paul Horan joining in on the pillage.

The Keys (and Key West in particular) suffered ZERO financial damage from the BP spill. I know the numbers, as does the Chamber of Commerce-- one of the unscrupulous plaintiffs in this lawsuit. Hotel occupancy was up. Visitor numbers were far in excess of the previous year-- as has been the continuing trend.

It is disgraceful that the Chamber should join in this thievery. But that is also not surprising. What I'd like to know is how a tire company was financially injured? Are you kidding me?

If some Conch judge feels inclined to rule in favor of the plaintiffs in this case, then let the damages amount to $1. And let these litigants eat the court costs.

This whole affair is disgraceful and every participant should be ashamed of themselves.

Throw this case out of court at the outset.

So I guess the 'chill towel' business wasn't harmed then?

So I guess the 'chill towel' business wasn't harmed then? I guess that those heavily-reported tarballs didn't wash up on the golf courses where the towels are ssold.

Get a clue.

First of all, not one single BP related tar ball was ever found washed ashore in the Keys. Second, please tell me what golf course in the Keys had a tarball. That should be really interesting. Third, is it remotely possible someone went out of business due to the economy, their marketing, or any other reason businesses fail every day?

do you mean the golf courses

do you mean the golf courses up in the Florida panhandle because the ones in the Keys weren't affected at all? only a few tar balls showed up on Keys beaches and none were from the spill. in fact... tar balls show up every year in the Keys and have been since long before the BP spill.

What a scam

More corporate welfare for those who made poor business decisions.

Theft and fraud

The take from my tourism related business was up twenty per cent that year, shattering all previous record highs. Several of my colleagues were incredulous and derisive because I declined to avail myself of the "free money". The thing is, I've learned the hard way that nothing beats honesty and ethical behavior. I take pride in my decision.

Got to agree; greed is rampant

the Chamber of commerce shouldn't be a "for profit enity" I hope this opens all these businesses to audits. The few Keys businesses that had losses were few; with this kind of mentality we should be able to sue the City for losing the Waterfront market due to financial mismanagement of the properties resulting in the closing of an anchor tanent.

Like Captain Tony said, all

Like Captain Tony said, all you need is a big ego to make it big here.
More Florida Keys Headlines
Available Only in the Electronic Edition