Plaintiffs Can't Join Perchlorate Suit Against Halliburton

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By Peter Hayes

June 9 — A group of 82 plaintiffs alleging that perchlorate migrating from a Halliburton facility contaminated their properties won't be added to a putative class action, the Western District of Oklahoma said ( McCormick v. Halliburton Co., W.D. Okla., No. 11-cv-01272, 6/8/16 ).

The new plaintiffs must file a separate action because their claims differ in several respects from those of the pending plaintiffs, the court said.

All but one of the new plaintiffs own residential properties, while the three remaining property damage plaintiffs in the case own large commercial properties, the court said.

In addition, several of the new plaintiffs purchased their properties after the contamination issue was publicly announced, the court said.

Also, most of the new plaintiffs didn't drink well water but were on public water, whereas most of the previous residential plaintiffs were on well water.

The new plaintiffs may also be pursuing some additional legal theories in their case, the court said.

The original complaint was filed on October 31, 2011.

The court denied class certification on March 3, 2015. The cases have not been consolidated, but are coordinated for discovery purposes.

The plaintiffs filed the motion to amend on April 12, 2016.

The same counsel has filed a separate complaint against Halliburton over the contamination on behalf of another group of plaintiffs in Alexander v. Halliburton Energy Servs., Inc., W.D. Okla., No. 11-cv-1343 (31 TXLR 499, 5/26/16).

Judge Vicki Miles-LaGrange issued the ruling.

Plaintiffs' attorneys include Weitz & Luxenberg P.C. in New York and Leach & Sullivan LLP in Duncan, Okla.

King & Spalding in Atlanta and Pierce Couch Hendrickson Baysinger & Green in Oklahoma City represent Halliburton and related companies.

To contact the reporter on this story: Peter Hayes at phayes@bna.com

To contact the editors responsible for this story: Steven Patrick at spatrick@bna.com and Jeffrey D. Koelemay at jkoelemay@bna.com