Law firms pursue BP bad-gas class action

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Editor's note: This story has been updated.

One Indiana firm has filed a class-action lawsuit against BP in the wake of the company's gasoline recall in northwest Indiana. Two other law firms are pursuing a possible class-action suit.

Indianapolis firm Price Waicukauski and Riley LLC announced Friday afternoon it filed a proposed class action in the Hammond Division in the Northern District of Indiana. The suit seeks to represent all Indiana residents who purchaed the defective fuel. The plaintiff purchased defective BP gas Aug. 19. The following day, the plaintiff's car would not start, and a mechanic discovered the defecutive fuel had "significantly damaged the engine," according to a release from the firm.

Cohen & Malad LLP in Indianapolis and Theodoros & Rooth P.C. in Merrillville jointly have begun investigating the potential size and claims of a lawsuit after BP recalled gasoline blended at its facilities in Whiting.

The bad gas was sold at BP locations and other stations including Luke Oil and Thornton’s. It also was sold in locations from Milwaukee, Wis., to southwest Michigan, according to news reports.

BP said 2.1 million gallons of fuel blended between Aug. 13 and 17 contained a “higher than normal level of polymeric residue,” according to a statement from Indiana Attorney General Greg Zoeller, whose office has started an investigation. In a statement Thursday, BP blamed the problem on an alkylation unit at the Whiting refinery and said it had been corrected.

 “We have been told that as many as 100,000 people may have purchased the gasoline,” Cohen & Malad managing partner Irwin Levin said Friday. “We know that already at least 10,000 people complained to BP, so the numbers of the class are certainly going to be in the five figures.”

“People deserve justice and assurance that a company like BP will be held accountable for its actions,” Barry Rooth of Theodoros & Rooth said in a statement. “Thousands of people were impacted by this contaminated gas and have spent hundreds of dollars in car repairs. We are seeking full compensation for their damages.”

BP acted after hundreds of motorists complained about hard starting and unusual engine noise and shaking. Levin said the firm has consulted with experts about possible resulting engine damage.

BP has asked customers who think they might have purchased tainted gas to call its hotline, 800-333-3991, or email Zoeller said consumers may file a complaint with the attorney general’s office online at or by calling 800-382-5516.

For more information about PWR's suit, contact the firm at 317-633-8787. Those interested in learning more about the planned class action should call Cohen & Malad at 317-636-6481 or Theodoros & Rooth at 219-769-6393.



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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...