[StBernard] Ask Westley! Update: Opt Out of Murphy Oil Class Action Suit - Part 2

[Westley Annis]

DC,

Every class is different.  In this instance, there is no denying the spill
and the only point of real contention is just the area of the spill.

For the other suits that you mentioned there isn't that 100% feeling that a
set area was impacted.  For example, the fire that happened two summers ago
at Murphy.  A lot of people wanted to jump on the bandwagon and sue Murphy
because there was a fire at the plant.  Where was the damage to the
individuals?  If you had folks parking on the neutral ground and throwing a
tail-gate party while emergency crews were battling the blaze then you have
to believe that the impact on the surrounding neighborhood was minimal and
not quite as easy to certify as a class.

Remember, just because an attorney files suit as a class action, it still
needs to be certified as such.  You need more than just a handful of people
to reach the level of class-action.  One reason you saw ads asking people to
join the class.  Mr. Torres' mission is to get as many people admitted as
members of the class.  Helps boost the size of the judgment and his fee.

The goal of any class-action firm is to increase the size of the class and
record as many billable hours as possible.  This helps their argument to
have the presiding judge set their fee higher.

Now, I do know one reason some people will sign in to the class.  If you
live outside of the spill area by Murphy's map then you don't have too many
options.  You can accept Murphy's map and walk away empty handed, you can
hire your own attorney to argue your case for you (costing you money), or
you can just sit back and see what becomes of the class suit.

Westley

-----Original Message-----


Ok Westley, here's another one for you:
Torres has filled many many class action suits against the refineries, water
board, etc.  If you did not sign up for these suits you were not considered
part of the suit.  Why the change for Murphy that you are automatically
considered part even if you haven't signed up for this?  Another question,
to anyone that has actually signed up for this suit:  what are you being
promised our what it it that the lawyers want Murphy to do?
 
Any info in appreciated.
 
Thanks, 
Dc