The Galveston County Daily News

GALVESTON — The Texas Supreme Court on Friday delivered a blow to those still suing BP for the deadly 2005 explosions at the company’s Texas City refinery. The court cut back lawyers’ right to interview the former CEO of BP so much that the effort may prove futile.

The high court ruled that 212th District Court Judge Susan Criss abused her discretion in 2006 when she set aside an agreement between BP and those suing for the blasts, which killed 15 and injured 180 others. Criss ordered that Lord John Browne, then BP’s CEO, submit to a sworn interview by plaintiffs’ lawyers wherever and for as long as the lawyers thought necessary.

Browne has since resigned amid an unrelated scandal in England.

In its order Friday, the Supreme Court ruled that lawyers for those suing BP must abide by an earlier agreement.

Under it, the lawyers must show that Browne had information about the blast that couldn’t be obtained from lower-level BP executives. Even then, all they get is an hour with Browne, by telephone.

Brent Coon, an attorney for the plaintiffs, couldn’t be reached in his Beaumont office Friday afternoon. But in an earlier conference call with reporters, Coon expressed concern that BP would try to block even that limited interview, according to news reports.

State trial rules limit the circumstances under which top executives can be required to give statements in lawsuits against their companies. The federal courts also have limited such “apex depositions,” but less strictly.

Local court observers have said it could be an advantage for plaintiff’s lawyers to show Browne’s videotaped testimony to a local jury.

They presumably would question him about corporate budget cuts that the lawyers contend compromised safety and led to the 2005 explosion.

BP spokesman Neil Chapman on Friday said his company was reviewing the Supreme Court ruling.

He said his company has settled more than 1,600 claims from the March 23, 2005, catastrophe.

About 750 are still outstanding, he said.