LyondellBasell’s outside counsel disposed of 45 cases on summary judgment. Twenty more settled at nuisance value. Three closed on indemnitor funds. Fatality settlements paid out through a coverage suit against the company’s own broker and excess insurer. Add a defense verdict in an OSHA trial and a Texas attorney general matter resolved for what general counsel Jeff Kaplan called a “nominal” sum, and the math of the petrochemical company’s La Porte defense becomes clear.
Counting the Dispositions
Plaintiffs filed dozens of suits against LyondellBasell after the 2021 chemical release at its La Porte facility. Two workers died. Scores more were allegedly injured. aplan’s 65-attorney department, paired with outside counsel from Ahmad, Zavitsanos & Mensing, produced a markedly different outcome from what is typically seen after events like these: verdicts and settlements running into nine-figures.. Forty-five matters left the docket on summary judgment. Twenty closed at nuisance value. Three resolved through indemnitors. Fatality cases settled through insurance recoveries following suits by Lyondell against the carriers and brokers.One trial against OSHA ended with a defense verdict. One related case from the Texas attorney general closed at the nominal sum Kaplan described.
Why the Projection Missed
Mass-tort defendants in petrochemical incidents usually face years of trial-track litigation. Plaintiffs’ counsel build coordinated dockets that resist summary judgment. Most defendants negotiate settlement values that reflect the cost of going to trial and the prospect of a nuclear verdict. LYB’s defense team took the opposite posture. Summary judgment work covered 45 of the cases. The 20 nuisance-value settlements reflected a defense team prepared to try the rest. Kaplan, who spearheaded this campaign, has been LyondellBasell’s general counsel since 2015 and has served three CEOs, four CFOs and four chief human resource officers in that span.
The Recovery Side
Kaplan’s team took the recovery side seriously. Once LYB paid the fatality settlements, the company filed affirmative coverage litigation against its own broker and excess insurer for full reimbursement. AZA partner Todd Mensing, who nominated Kaplan for the 2026 Houston Corporate Counsel Award alongside partner Kyle Poelker, said of the result: “The results were exceptional, and unlike those seen by other companies facing similar claims. LYB was able to resolve those claims with little out-of-pocket money by leveraging legal arguments and trial readiness.”
The Bottom Line
Add the buckets together. The company’s exposure dissolved across legal channels rather than verdict awards. Kaplan said: “The total out of pocket spend, including attorneys’ fees, was well below what we had expected it would cost.” The Association of Corporate Counsel’s Houston Chapter and The Texas Lawbook recognized the result this month. A May 28 ceremony at the Four Seasons Hotel marked the presentation of the 2026 Houston Corporate Counsel Award for Legal Department of the Year. Eighteen other in-house lawyers and teams received honors at the same event. Dave Louie, a lead legal counsel at LyondellBasell who works under Kaplan, took home a separate award.
