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Posts in the ‘Class Action Litigation’ category

The Benzene Plume and class action complaint in Roxana, IL

Posted on June 28th, 2011

The small, close-knit town of Roxana, IL has been sitting upon poisonous hydrocarbon for over 20 years. Its 1,547 residents have suffered both physically and financially due to a Benzene Plume, created by leaks from an enormous refinery owned and operated by Shell Oil, as well as other refineries and pipelines in the village.

The Benzene Plume
Various government agencies, including the Environmental Protection Agency (EPA), the IL EPA, and the IL Department of Health have determined that benzene and other hydrocarbons that compromise the Benzene Plume have leaked or have otherwise been released or discharged from the Shell refinery and/or other refineries located near Roxana, including one operated by BP or its predecessors, the associated pipelines and other facilities. Various volatile organic compounds (“VOCs”) have been found in the soil, the air, and in a non-aqueous layer of petroleum products of various depths on the surface of the groundwater under Roxana.

Health consequences for residents
The Benzene Plume has put the health of Roxana’s residents in serious jeopardy. Families have experienced health problems and conditions such as cancer, leukemia, autoimmune disorders, respiratory difficulties and headaches, among others.

Devaluation of property
The value of residents’ homes, property and land in Roxana has been severely diminished by the Benzene Plume. They are essentially trapped, forced to stay, or face selling at depressed values if at all.

A constant threat
Today, the Benzene Plume continues to threaten Roxana, and its residents continue to suffer from exposure to harmful vapors containing benzene, hexane, toluene, ethyl-benzene, xylene, n-hexane and other volatile, toxic chemicals that are known public health hazards.

The class action complaint
Goldenberg Heller, Antognoli & Rowland (GHAR), along with our co-counsel, recently filed a class action complaint on behalf of the residents of Roxana, IL for the Benzene Plume. The residents of Roxana did not consent for benzene and other hydrocarbon to settle and migrate under or near their properties, and deserve compensation. GHAR previously achieved a settlement as counsel for a similar suit concerning a hydrocarbon plume in Hartford, IL, and know that Roxana’s residents deserve justice for Shell’s failure to clean up, or otherwise address, the Benzene Plume for over 20 years.

If you have any questions regarding this class action suit, contact Holly A Reese.

Defamation on the Internet – Be Careful What You Say, er, Write

Posted on June 25th, 2010 by Jena L. Borden

The internet is rapidly becoming society’s way of learning about current events and hot topics of the day. Newspapers are quickly becoming a thing of the past. Most newspapers now have websites on the internet.

Whenever I read a news article on the internet, I always scroll down to view the reader comments to the piece. Why? Because people seem to pull no punches when putting their opinions in writing. And I always think-if they were actually speaking the words for the world to see, would they have put it the same way? I venture to guess that most would not. People seem to feel much safer posting comments on the internet than they would be with verbalizing them in a public forum, for example, saying them on TV. There is anonymity to the process of posting web comments that leads people to be more lax in their choice of words. Some comments can be downright vitriolic.

But, the old rhyme that ends with “names will never hurt me” didn’t take into account the tort of defamation.

Defamation is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, or group a negative image. It is usually, but not always, a requirement that this claim be false and that the publication is communicated to someone other the party defamed. Although both require “publication”, slander is spoken defamation and libel is written.

What those who post comments on websites need to realize is that they can be held liable in a lawsuit for the statements they make.

Most news organizations are taking the position that under the First Amendment, which deals with freedom of speech and of the press, they are not required reveal the identity of the person posting the comment. However, some courts are forcing the news organizations to reveal the identities of parties who are accused of making defamatory statements. For example, an Illinois Appeals court just recently held that the identity of two website commenters must be disclosed by an Ottawa, IL newspaper. The comments involved allegations that a local couple bribed certain officials in order to obtain approval for a zoning request for a bed and breakfast addition. Once the identities are revealed, these parties will be facing a defamation lawsuit.

A good rule of thumb when posting on the internet is this: if you wouldn’t feel comfortable saying it in person, DO NOT put it in writing. We all must take ownership of our statements and what we publish for the world to see on the internet. And then be ready and able to deal with the consequences that typing those words may bring.

Please feel free to contact Jena Borden to discuss this or any other legal topic.

Sears Washing Machine Class Action

Posted on May 20th, 2010 by The Firm

The Record (www.madisonrecord.com and/or www.stclairerecord.com) recently posted an article featuring a class action suit filed by Mark Goldenberg against Sears for alleged violations of the Illinois Consumer Fraud and Deceptive Business Practices Act, fraudulent concealment and nondisclosure, breach of express warranty, breach of implied warranty and unjust enrichment.

To read this article, please visit The Record.

For more information, contact Mark Goldenberg.