Published: January 21, 2009
The Kopelowitz Ostrow Firm Gets Green Light in Proposed Class Action Against Nation's Largest Oil Companies
FT. LAUDERDALE, Fla., Jan. 21 /PRNewswire/ -- Exxon, Chevron, Conoco
Phillips, BP and Shell, all defendants in a proposedFlorida class action
lawsuit, were dealt a huge blow yesterday when a Federal Court in the Southern
District ofFlorida issued an order denying their joint motion to dismiss a
lawsuit filed by threeFlorida residents, Erick Kelesceny, John Egizi and Todd
Jessup. The Plaintiffs allege that the world's largest oil companies failed
to warn them, as well as allFlorida boat owners, that the gasoline they
purchase at the pump, which is blended with ethanol, may destroy fiberglass
tanks and tends to absorb water and phase separate, which could cause damage
to all boats, regardless of whether they have a fiberglass tank.
The lawsuit was filed by consumer protection lawyers, Jeffrey Ostrow,
David Ferguson and Jonathan Streisfeld of The Kopelowitz Ostrow Firm, P.A.
(TKO), a litigation firm inFort Lauderdale, Florida. The oil companies
argued that the proposed class action lawsuit is preempted by federal and
Florida law. By denying the motion to dismiss, the Court has allowed the
Plaintiffs to proceed with their lawsuit.
The basis for the Court's ruling is that federal law encourages, but does
not require, the use of renewable fuels such as ethanol, whileFlorida does
not require it be used by boat owners. If successful, the oil companies will
be forced to place a warning label on all pumps at all gas stations in
Florida, notifying the boating public that usage of gasoline blended with
ethanol may be hazardous to their boats.
Further, the Plaintiffs seek compensation for allFlorida boat owners who
have been damaged as a result of the oil companies' failure to warn of the
destructive tendencies of fuel blended with ethanol when used in boats. Boat
owners have been forced to spend thousands to tens of thousands of dollars to
repair their boats.
"Denial of the motion is a significant step toward redressing the wrong
perpetrated onFlorida's boating population," said TKO Managing Partner,
Jeffrey Ostrow. "Florida is the boating capital of the world and it is
reprehensible for oil companies to enjoy significant profits while knowingly
paralyzingFlorida's boaters. We hope to have the opportunity to represent all
aggrieved boaters throughoutFlorida."
Denial of the motion is particularly notable in light of the fact that a
similar lawsuit inCalifornia was previously dismissed at the same stage.
TKO, based inFort Lauderdale, is a full-service firm representing
business entities and individuals. Practice areas include: commercial
litigation, corporate transactions, class actions, construction law,
employment, family and divorce, criminal defense, real estate, medical
malpractice, personal injury, insurance law, worker's compensation and
bankruptcy law. The firm has additional offices inPalm Beach andMiami-Dade
counties.
www.tkolaw.com
Media contact: Jeff Ostrow of The Kopelowitz Ostrow Firm, (954) 612-4100
SOURCE The Kopelowitz Ostrow Firm
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