A recent decision that was issued by the 5th U.S. Circuit Court of Appeals in New Orleans is of particular importance to businesses that have filed claims for business losses related to the BP Oil Spill. The Appeals Court decision requires a lower court judge to reconsider the rule that currently prevents BP from appealing calculations of business losses. In light of a change in the way that business losses are calculated, a topic that has been hotly contested ever since the BP Oil Spill settlement was issued in 2012, some previously-made determinations of business losses may be appealed by BP so that the numbers can be calculated under the new methodology.
The Appeals Court decision covers three BP Oil Spill issues in total. It upholds the lower court’s ruling that BP may not appeal any payments that are to be made to nonprofit groups, so BP is still barred from appealing those cases. It also upheld the lower court’s ruling with respect to appeals that are based upon BP’s assertion that a loss was caused by something other than the oil spill. Those “alternative causation” appeals are still barred, which is a big win for businesses. This is because their ability to recover damages from BP could suffer if BP were to be allowed to appeal decisions that have already been made based upon a theory that something other than the oil spill caused the business to suffer its economic loss.
In addition to the Appeals Court decision, there is another issue that those with claims against BP will want to watch closely. A Texas lawyer who represents clients that have claims against BP has asked the court to delay its pending decision regarding BP’s Clean Water Act penalties. The attorney fears that if a decision is made and the penalty is sizeable, (as it is likely to be due to the fact that over three million barrels of oil were spilled), that could negatively affect the resolution of cases that are still pending against BP. Delaying the decision on the Clean Water Act penalty until the individual claims process is complete would prevent the resolution of claims from being affected by that penalty.
Barrett Law PLLC: Helping Mississippi Businesses Affected by the BP Oil Spill
Many individuals and businesses are still involved in pursuing claims related to the BP oil spill in the Gulf of Mexico. The Mississippi BP Oil Spill Attorneys at Barrett Law PLLC are closely following developments related to BP oil spill litigation. Our knowledge of the historical and current state of affairs regarding BP oil spill litigation enables us to help our clients with BP Oil Spill claims to obtain the best possible results in their BP Oil Spill cases. If you were adversely affected by the BP Oil Spill, we are here to help you. Call the dedicated and experienced oil spill attorneys at Barrett Law PLLC today at 1 (601) 790-1505 to schedule your free, initial consultation.
