Lightfoot, Franklin & White, LLC

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Washington County, Alabama jury awards SunBelt Chlor Alkali Partnership $70 million in damages

Aug 27, 2012  

After a two week trial, on Friday, August 24, 2012, a Washington County, Alabama jury returned a $70 million verdict against OxyVinyls, LP (“OxyVinyls”), a subsidiary of Occidental Chemical Corporation and Occidental Petroleum Corporation, in a breach of contract case brought by SunBelt Chlor-Alkali Partnership (“SunBelt”), a subsidiary of Olin Corporation. Lightfoot attorneys Sam Franklin, William Brooks, Lee Hollis, and Charles Greene represented SunBelt. The jury found that OxyVinyls breached a contract under which OxyVinyls is obligated to purchase 250,000 tons of chlorine from SunBelt annually. In addition to $20 million in compensatory damages, the jury awarded $50 million in punitive damages for OxyVinyls’ intentional, malicious breach of the contract. The jury found that OxyVinyls improperly deducted amounts off of its annual purchase obligation in three years, in order to increase its profits at the expense of SunBelt’s. Co-counsel for SunBelt was Halron Turner of Turner, Onderdonk, Kimbrough, Howell, Huggins and Bradley in Chatom, Alabama.