Brief for the Defendants-Appellees - FACTS

On October 23, 1989, an explosion at the Phillps 66 Company’s petrochemical plant on the Houston Ship Channel in Pasadena, Texas killed twenty-three people and injured hundreds more. (R. 2) The appellants are survivors of the explosion or surviving relatives of persons killed in the explosion. (R. 2) They collectively hired appellees to file their individual lawsuits against Phillips, agreeing to a contingency fee payment arrangement. (R.2)

Appellees settled appellants’ lawsuits with Phillips, and believe the settlements were fair and adequate. (R.2-3) They claim appellants became unhappy with their settlements only after hearing rumors that other plaintiffs, with other attorneys, had received larger settlements. Appellees claim that appellants then began to believe their settlements were unfair and blamed their attorneys. (R.2-3) On the other hand, appellants claim appellees did not develop their lawsuits individually, but rather, without discussion or authority, settled their claims along with 126 other cases, in an aggregate settlement with Phillips. (R.2) Appellants allege that appellees lied and intimidated them into accepting the settlement. (R.2)


- sunil khemaney