[BITList] surprise, surprise

x50type x50type at cox.net
Sat Nov 23 00:50:49 GMT 2013


Surprise, surprise – BP wimping out!

after promising the world following the ‘deepwater horizon’ disaster, BP now having second thoughts...............................!

[how times change]

ct 


Federal judge denies BP's 'disappointing' attempt to rewrite oil spill business claims rules

U.S. District Court Judge Carl Barbier on Friday again ruled against BP's attempt to require proof of harm from the BP Deepwater Horizon oil spill before any business economic claim is paid as part of a private damage settlement. (U.S. District Court)
PrintBy Mark Schleifstein, NOLA.com | The Times-Picayune 
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on November 22, 2013 at 6:35 PM, updated November 22, 2013 at 6:36 PM
     
     
     
     
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  a.. BP launches new website defending the company's response to the Deepwater Horizon oil spill 
  b.. BP tells 5th Circuit to throw out private oil spill settlement if business claims rules aren't fixed 
  c.. BP back in court Monday to appeal multi-billion dollar settlement terms 
  d.. A trial lawyer web entangles the BP settlement: James Varney 
  e.. Lawyer fired from BP claims program files defamation suit
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A federal judge overseeing the settlement of private claims stemming from the BP Deepwater Horizon accident and oil spillissued a harshly worded opinion late Friday, charging BP with going back on its word by asking him and the U.S. 5th Circuit Court of Appeals to require proof that all business economic losses were caused by the oil spill before claims are paid.

U.S. District Judge Carl Barbier said a recent 5th Circuit ruling specifically excludes the "causation" issue that BP is now challenging.

"BP accuses the claims administrator of 'rewriting' and 'systematically disregarding' the settlement agreement," he said. "To the contrary, when it talks about causation, if anyone is attempting to rewrite or disregard the unambiguous terms of the settlement agreement, it is counsel for BP.

"Frankly, it is surprising that the same counsel who represented BP during the settlement negotiations, participated in drafting the final settlement agreement, and then strenuously advocated for approval of the settlement before this court, now come to this court and the 5th Circuit and contradict everything they have previously done or said on this issue," Barbier said. "Such actions are deeply disappointing, especially considering that the court has previously appreciated and complimented the excellent cooperation and professionalism exhibited by all counsel in this extremely complex and difficult litigation."

Barbier pointed out that under the settlement, all parties agreed that requiring direct proof of damage from the spill or accident would be too unwieldy for the thousands of businesses in areas closest to the spill, and that less-stringent causation rules also would apply for areas farther away from the spill.

BP agreed to those rules, and confirmed that approval in later hearings before Barbier and the 5th Circuit, the federal judge said.






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