Toxics Law Reporter™ delivers the most comprehensive, authoritative, and objective coverage of significant developments in toxic tort, hazardous waste, and related insurance litigation, all with...
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 firstname.lastname@example.org
Full text of the ruling is available at http://www.bloomberglaw.com/public/document/McCormick_et_al_v_Halliburton_Company_et_al_Docket_No_511cv01272_/1.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)