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Attention:  Dive Industry Colleagues Along the Gulf Coast 
 
Date:  June 26, 2010
 
Re:  BP CLASS ACTION LAWSUIT INFORMATION
 
We are all deeply saddened by the tragic ecologic and economic tragedy continuing to unfold in the Gulf Coast region of the US.  Businesses, livelihoods, families, and the entire ecosystem in that area are impacted.  It has an effect on everyone and is a devastating blow to the diving industry with reverberations throughout our domestic and international business and recreation community.
 
At least one diving business in Alabama has initiated a "class action" lawsuit against BP.  After reviewing the claim, and consulting with DEMA's attorney, I wanted to provide you with some information that may be helpful in understanding the additional impact this may have. This letter is not intended to offer legal advice, and you are encouraged to contact your own lawyer if you have any questions about the information that follows.
 
The complaint seeks to combine all Alabama scuba related business losses into one suit.  Typically the purpose of a class action suit is to combine all the claimants who have identical or very similar causes of action, helping the individual claimants in situations where "going it alone" would be impractical (e.g., everyone who was short-changed by a taxi meter).  With several different types of diving-related businesses being impacted in different ways, it will be necessary for the courts to determine if diving businesses are a single "class" with enough "commonality" to satisfy a class action.  If the court does rule that these diving-business-related claims can be "lumped" together, all diving businesses in Alabama will be bound by this case unless they opt-out.  An opt-out is a choice usually provided to potential class members, who must fill out and return a form in order to remove themselves from being considered as members of the class.
 
Being in this potential class might be a good thing for some Alabama dive businesses that do not have the resources or desire to fight this situation alone (and as a result there could be a flat amount paid per claimant - say $1,000 per affected business.) However, there may be others who want to have their claim presented on its own merit, and not be bound by what is presented in this case.
 
Because this case has not been "certified" by the courts as yet, DEMA recommends that you stay alert to the existence of the class action case and consider whether or not your business MIGHT be part of it.  We urge you to watch your postal mail for any notices that come to your business from the court.
 
DEMA will also continue to monitor this situation and will be providing additional information on additional court actions and the BP claims procedure that is being administered by an independent counsel.
 
For all businesses in the affected states of Florida, Alabama, Mississippi, Louisiana and Texas, please post your positive information concerning dive sites and class/dive schedules on the forum and calendar found at www.GulfStateDiving.com as soon as possible.  This website, established by DEMA, allows you to place up-to-the-minute information regarding dive conditions, activities and events.  The website is also linked to www.BeADiver.com, to help consumers find a dive center near them.
 
Thank you for your continued DEMA membership and your support.