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I recently came across a case that folks here in Mississippi will find interesting. Here is a quick summary. Two oil spill cleanup workers filed claims under the BP Deepwater Horizon settlement. Due to an error made by the courthouse, they did not receive any notice that there were minor deficiencies in the manner in which their cases were filed. As a result, the courthouse rejected their filings but did not provide their attorneys with notice of that rejection, causing them to miss an important filing deadline.  BP moved to have their cases dismissed because they were not filed in time. The court rejected BP’s argument and allowed the cases to proceed.  I have provided a link to the case, FABIO CONCEPCION, v. BP EXPLORATION & PRODUCTION, INC., ET AL., below.

Were you affected by the BP Deepwater Horizon oil spill? Did you participate in the cleanup effort or come into contact with dispersants? Did you rent out your boat to those participating in the cleanup effort? Any of those activities may entitle you to a portion of settlement funds. If you think you are entitled to some of the BP Deepwater Horizon settlement, having experienced counsel help you attain your fair share is critical. Barrett Law has expertise in Gulf oil spill litigation and has the experience to help you through this process.  Contact us now at (601) 790-1505.

Lesson: BP Will Punish You for Mistakes, Even Minor Ones

Fabio Concepcion and Mickey Joseph Thiboudaux were named plaintiffs in a BP Oil Spill class action suit. Both had worked on the cleanup. They agreed to the terms outlined in the 2013 Settlement, which allows class members to later bring a lawsuit against BP if new injuries or illnesses came to light. But before a class member such as Concepcion or Thibodaux could exercise his rights, he would have to submit a legal notice of his intent to exercise his rights in a Notice of Intent.

According to the Settlement, class members had to give BP 10 days’ notice in their Notice of Intent before filing suit. Once the Notice of Intent was filed, BP would have 30 days to decide whether or not to pursue mediation. If BP chose not to mediate, class members would have up to six months to file a lawsuit.

Concepcion and Thiboudaux seemed to do everything right.  They filed complaints and received notice of BP’s decision not to mediate on May 9, 2017. This provided the men with six months to decide whether to sue, which they opted to do. Both men filed with the court within the deadline; however, the court clerk indicated that the men’s complaints needed to be refiled as individual lawsuits instead of one claim and rejected them.

The problem was that Concepcion’s and Thiboudaux’s counsel never received this information regarding rejection from the court.  As a result, both men missed the six-month deadline. BP denied coverage, and the men appealed BP’s denial. The good news is that the court reviewed the cases and determined the men’s cases could proceed, even though the men missed the six-month deadline by three days.

What Should You Do If You Were Injured or Harmed By the 2010 BP Oil Spill?

If you were harmed as a result of the 2010 BP Deepwater Horizon Oil Spill or its cleanup, you might be due compensation for your losses. You may have heard that it is too late to file a claim or that there is no longer a way to attain compensation for your damages. The only way to understand your options is to hire an attorney with extensive experience in getting BP Deepwater Horizon Oil Spill claims paid.

Call Barrett Law now, an experienced Mississippi BP Oil Spill law firm, to represent you if you were harmed as a result of the spill.  Barrett Law has the experience to take on oil spill defense attorneys that are focused on denying your compensation for the harm you experienced.  Contact us now at (601) 790-1505.

Eight years after the 2010 BP Deepwater Horizon Oil Spill devastated the Gulf region, over 14,000 medical claims are still unpaid. That’s over a third of the over 37,000 medical claims made in the aftermath of the spill, response, and recovery. While that statistic itself is troubling, it’s also alarming that many of the payouts have been lump sum payments ranging from $900 to $1300. While I understand the Gulf region’s poverty and know that folks need money, accepting these pocket-change settlements without the advice of legal counsel is ill-advised. Simply put, if you were affected by the spill, you deserve full compensation.

Were you affected by the BP Deepwater Horizon oil spill? Did you participate in the cleanup effort or come into contact with dispersants? Did you rent out your boat to those participating in the cleanup effort? Any of those activities may entitle you to a portion of settlement funds. If you think you are entitled to some of the BP Deepwater Horizon settlement, having experienced counsel help you attain your fair share is critical. Barrett Law has expertise in Gulf oil spill litigation and has the experience to help you through this process.  Contact us now at (601) 790-1505.

Spill Related Settlements Vary Widely

A look at medical payments to victims of the BP Deepwater Horizon Oil Spill is a tale of haves and have-nots. The Spill’s medical benefits claims administrator has received over 37,000 claims but has only approved about 23,000. These are claims on behalf of individuals who came into contact with the spilled oil and dispersants and who participated in the cleanup. Most of these claims are for acute symptoms such as shortness of breath, headaches, and nosebleeds.

Of the 23,000 approved claims, the vast majority of payouts have been tiny, under $1,500. In my experience, that is a paltry amount that fails to compensate people for the stress, pain, and ongoing medical problems that plague many people who were affected by the spill. More specifically, Gulf residents who came into contact with the spill or dispersants received $900 lump sum payment and those who worked on the cleanup received $1,300. A “lump sum” payment means that this is the total compensation that the person will receive and that it does not take into account actual expenses that the injured party experienced.

Here is an even more shocking statistic—of the 23,000 approved medical claims, only 40 large settlements have been approved for individuals who have suffered significant negative health consequences. Forty. That is a tiny percentage. However, it underscores the fact that if you have experienced health effects of the BP Deepwater Horizon Oil Spill or the cleanup, you need cannot trust either BP or the medical claim benefits administrator to help you attain the reimbursement you deserve.

What Should You Do If You Were Injured or Harmed By the 2010 BP Oil Spill?

If you were harmed as a result of the 2010 BP Deepwater Horizon Oil Spill or its cleanup, you might be due compensation for your losses. Hiring a general practitioner to handle a claim related to the spill is a serious mistake, as only an attorney with extensive experience in getting BP Deepwater Horizon Oil Spill claims paid will represent your interests adequately.

Call the seasoned Mississippi BO Oil Spill Attorney at Barrett Law now if you were harmed as a result of the spill.

Barrett Law has the experience to take on oil spill defense attorneys that are focused on denying your compensation for the harm you experienced.  Contact us now at (601) 790-1505.

I receive calls about the BP Deepwater Horizon oil spill whenever there is a new article about the spill in the news. Lately, Gulf residents here in Mississippi have called me to ask questions about BP taking a $1.7 billion dollar “charge” and what that means for them. Remember, in 2015 BP agreed to settle all claims with the U.S. federal and state governments in a $21 billion dollar settlement. Pursuant to that settlement, the company will pay out that amount over roughly twenty years. I have attached a useful article from Bloomberg News that describes the current state of the oil spill settlement well and encourage you to read it.

Were you affected by the BP Deepwater Horizon oil spill? Did you participate in the cleanup effort or come into contact with dispersants? Did you rent out your boat to those participating in the cleanup effort? Any of those activities may entitle you to a portion of settlement funds. If you think you are entitled to some of the BP Deepwater Horizon settlement, having experienced counsel help you attain your fair share is critical. Barrett Law has expertise in Gulf oil spill litigation and has the experience to help you through this process.  Contact us now at (601) 790-1505.

What Does Taking a “Charge” Mean?

Companies often record a huge debt in the wake of an investment that goes bad, a product that fails to launch, or a disaster. Clearly, in regards to BP the debt was due to its disastrous spill and the liability it incurred amounted to $21 billion dollars. That said, BP has some control over how they structure the debt so that they can remain in business. That means the debt is not added to their books all at once; rather, they pay that debt back strategically over time. Recent oils spill settlement payments have been substantial, with BP paying out $1.7 billion for the fourth quarter in 2017 and an anticipated payment of another $3 billion in 2018. The company’s spill-related payouts will rise to $3 billion in 2018 from an earlier estimate of $2 billion, while those for 2017 will remain at $5.5 billion.

BP is likely paying out more money now and in the near future because settlement claims are becoming more predictable in size, and the breadth of the total universe of claims is becoming clearer. This allows BP to have a better picture of how to distribute its debt over time. It also means that the settlements are going to get calcified, meaning it is increasingly unlikely to get a settlement much larger than the average without aggravating factors. If you still feel that you are owed money, the time is now to call an attorney to discuss what claims remain available to you.

What Should You Do If You Were Injured or Harmed By the 2010 BP Oil Spill?

If you were harmed as a result of the 2010 BP Deepwater Horizon Oil Spill or its cleanup, you may be due compensation for your losses. Hiring an amateur or general practitioner to handle a claim related to the spill is a serious mistake, as only an attorney with extensive experience in getting BP Deepwater Horizon Oil Spill claims paid will represent your interests adequately.

Call Barrett Law now, an experienced Mississippi BP Oil Spill law firm, to represent you if you were harmed as a result of the spill.

Barrett Law has the experience to take on defense attorneys that are focused on denying your compensation for the harm you experienced.  Contact us now at (601) 790-1505.

Are the BP Deepwater Horizon Oil Spill settlement funds having any positive effect? Clients frequently ask me how the Gulf Coast region has improved since the spill settlement dollars were released. Remember, in 2015, BP agreed to settle all claims with the U.S. federal and state governments in a $21 billion dollar settlement. Pursuant to that settlement, the company will pay out that amount over roughly twenty years. Recent payments have been substantial, with BP paying out $1.7 billion for the fourth quarter in 2017 and an anticipated payment of another $3 billion in 2018. The company’s spill-related payouts will rise to $3 billion in 2018 from an earlier estimate of $2 billion, while those for 2017 will remain at $5.5 billion.

An interesting April 10, 2018 article in Florida’s Citrus County Chronicle makes it clear that while many people and communities still struggle as a result of the spill, settlement funds have resulted in some positive outcomes. If you think you are entitled to some of the BP Deepwater Horizon settlement, having experienced counsel help you attain your fair share is critical. Barrett Law has the experience to help you through this process.  Contact us now at (601) 790-1505.

County Commissioners Sign Off on BP Oil Spill Money

By Michael Bates

County commissioners on Tuesday unanimously signed off on the RESTORE Act multi-year implementation plan and the paperwork will be sent to the appropriate state and federal agencies for approval.

The U.S. Department of Treasury had earlier approved the county’s multi-year plan to spend $4.3 million from the BP Deepwater Horizon oil spill settlement. The Treasury has already signed off on the county’s plan, but it had to go to a 45-day public-comment period before the board finalized it.

The RESTORE Act, which governs the oil spill settlement, sends funds to affected counties in two separate pots. The multi-year pot divides the payout over 15 years.

The county commission in June approved the plan, which set two projects side-by-side as top priority for now: The Riverwalk in Crystal River and purchase of property for a riverfront park in Old Homosassa.

The state has pledged $850,000 for the Homosassa park. For the county to receive RESTORE funds for that project, it would need to buy the property and own it. County officials say they do not want to own the property because it contains a fish house and other commercial businesses, and owning it would require the county to bid out the business.

The board last month voted unanimously to send a letter seeking an “ironclad” promise from the state that if the county turns over property to a private group after acquiring ownership it will not jeopardize the $850,000 grant the state has promised.
I linked to the entire article below and encourage you to read it. In a nutshell, it looks like funds related to the Gulf Oil Spill are having a positive effect on some areas in our region.

What Should You Do If You Were Injured or Harmed By the 2010 BP Oil Spill?

If you were harmed as a result of the 2010 BP Deepwater Horizon Oil Spill or its cleanup, you may be due compensation for your losses. Hiring a general practitioner to handle a claim related to the spill is a serious mistake, as only an attorney with extensive experience in getting BP Deepwater Horizon Oil Spill claims paid will represent your interests adequately.

Call Barrett Law now, an experienced Mississippi BP Oil Spill law firm, to represent you if you were harmed as a result of the Spill.

Barrett Law has the experience to take on defense attorneys that are focused on denying your compensation for the harm you experienced.  Contact us now at (601) 790-1505.

Source: http://www.chronicleonline.com/news/local/county-commissioners-sign-off-on-bp-oil-spill-money/article_b28b750e-3cf4-11e8-a263-a3f9057939c7.html

 

 

 

Now approaching eight years since the BP Deepwater Horizon Oil Spill, clients still come to me with injuries related to their work cleaning up the Gulf Coast region. In 2015, BP agreed to settle all claims with the U.S. federal and state governments in a $21 billion settlement. Pursuant to that settlement, the company will pay out that amount over roughly twenty years. Recent payments have been substantial, with BP paying out $1.7 billion for the fourth quarter in 2017 and an anticipated payment of another $3 billion in 2018. The company’s spill-related payouts will rise to $3 billion in 2018 from an earlier estimate of $2 billion, while those for 2017 will remain at $5.5 billion.

An interesting March 6, 2018 article in the New Orleans Times-Picayune makes it clear that while the amount that has been spent thus far is tremendous, there are still many unknowns regarding who was injured, what injured them, and what is owed. Having experienced counsel help you attain your fair share of that settlement is critical if you were harmed. Barrett Law has the experience to help you through this process.  Contact us now at (601) 790-1505.

I have posted the most interesting passages from the March 6, 2018 Times-Picayune article below about health problems suffered by Coast Guard members who worked on the spill response:

The nearly 2,000 Coast Guard members who reported exposure to oil dispersants suffered a range of illnesses — lung irritation, skin rash, nausea, vomiting and diarrhea — at higher rates than members who were not exposed to the chemicals or were exposed to oil alone, according to research by the Uniformed Services University, a Maryland health sciences and medical school run by the federal government.

“With increased levels of exposure there was a higher prevalence of reporting cough and shortness of breath, and more reporting of wheeze than non-exposed people,” said Jennifer Rusiecki, a USU researcher involved in two recent studies.

The people exposed to the dispersants were four times more likely to report shortness of breath and three times more likely to report skin rashes than their non-exposed counterparts, researchers found. They were also two times more likely to say they suffered bouts of coughing and digestive problems, including diarrhea and vomiting, Rusiecki said.

Exposure to oil has its own toxic effects, but most Coast Guard members took precautions to avoid contact. Few understood to that same degree that dispersants also could be harmful.

BP used two types of dispersant, Corexit 9500 and Corexit 9527, both manufactured by Nalco Environmental Solutions, to break up the oil. Nearly 1 million gallons were dropped by air, and another 770,000 gallons were injected into the damaged wellhead about a mile under the water’s surface. It was the first time dispersants had been used on a large scale and in proximity to people. A USU study released in January noted that dispersants remain in common use after oil spills. “However, little is known about human health effects related to exposure,” the study says.

Crude oil exposure has been a major focus of health studies, but the effects of dispersants are only beginning to be understood, despite widespread reports of illness from coastal residents, fishermen and disaster responders exposed to dispersants during the Deepwater Horizon disaster.  The combination of oil and dispersants on human health is also poorly understood.

I have linked to the full article below and encourage you to read it. In a nutshell, it looks like the oil dispersants used during the Gulf Oil Spill may be the cause of many of my clients’ chronic health problems. These are problems that deserve compensation.

What Should You Do If You Were Injured or Harmed By the 2010 BP Oil Spill?

If you were harmed as a result of the 2010 BP Deepwater Horizon Oil Spill or its cleanup, you may be due compensation for your losses. Hiring a general practitioner to handle a claim related to the spill is a serious mistake, as only an attorney with extensive experience in getting oil spill claims paid will represent your interests adequately.

Call Barrett Law now, an experienced Mississippi BP Oil Spill law firm, to represent you if you were harmed as a result of the Spill.

Barrett Law has the experience to take on defense attorneys that are focused on denying your compensation for the harm you experienced.  Contact us now at (601) 790-1505.

Now approaching eight years since the BP Deepwater Horizon Oil Spill, clients still come to me with questions regarding the current state of affairs regarding Oil Spill payments to residents and workers of the Gulf Coast region. An excellent and informative January article in Insurance Journal, BP Still Paying Gulf Oil Spill Claims as Court Battles Wind Down provides an excellent and up-to-date overview. In short, the number of cases pending is going down, but the amount that BP projects paying in 2018 is rising.

In 2015, BP agreed to settle all claims with the U.S. federal and state governments in a $21 billion dollar settlement. Pursuant to that settlement, the company will pay out that amount over roughly twenty years. Recent payments have been substantial, with BP paying out $1.7 billion for the fourth quarter in 2017 and an anticipated payment of another $3 billion in 2018. The company’s spill-related payouts will rise to $3 billion in 2018 from an earlier estimate of $2 billion, while those for 2017 will remain at $5.5 billion.

Obviously, this is a tremendous amount of money aimed at helping the Gulf region and those harmed by the spill, having experienced counsel help you attain your fair share of that settlement is critical if you were harmed. Barrett Law has the experience to help you through this process.  Contact us now at (601) 790-1505.

From Insurance Journal:

BP Plc raised the amount it will pay this year for the Deepwater Horizon accident as thousands of lawsuits related to the biggest oil spill in U.S. history start to wind down. The 2010 explosion at a well in the Gulf of Mexico threatened BP’s existence after 11 people were killed and millions of barrels of oil spilled into the sea. While the latest liabilities will add to the more than $60 billion of penalties the company has already racked up, Chief Executive Officer Bob Dudley will see an end in sight to the largest court battles.

“With the claims facility’s work very nearly done, we now have better visibility into the remaining liability,” Chief Financial Officer Brian Gilvary said in the statement. “The charge we are taking as a result is fully manageable within our existing financial framework, especially now that we have the company back into balance at $50 per barrel.

The British company faced more than 390,000 claims from businesses such as seafood producers and tourism providers following the oil spill. More than 99 percent of the cases have been reviewed, according to court documents. Some are being paid out when determined to be valid. Still, the “last few remaining claims are likely to be the most complex and sizable,” according to Brendan Warn, an analyst at BMO Capital Markets Ltd.

What Should You Do If You Were Injured or Harmed By the 2010 BP Oil Spill?

If you were injured or harmed as a result of the 2010 BP Deepwater Horizon Oil Spill, you may be due compensation for your losses. Hiring a general practitioner to handle a claim related to the spill is a serious mistake, as only an attorney with extensive experience in getting oil spill claims for clients will represent your interests adequately.

Call Barrett Law now, an experienced Mississippi BP Oil Spill law firm, to represent you if you were injured or harmed as a result of the Spill.

 

Barrett Law has the experience to take on defense attorneys that are focussed on denying your compensation for the harm you experienced.  Contact us now at (601) 790-1505.

The Deepwater Horizon oil spill has had a lasting impact on people and wildlife throughout the Gulf. Among other things, the disaster reduced fish populations, led to lung disease in dolphins and might have caused permanent damage to the ecosystem. Fisheries and businesses that depend on tourism were hit hard by the spill, and the initial spill costs 11 workers their lives.

BP was ruled to have been “grossly negligent” in its actions leading up to the spill. The company was exposed as having had a practice of cutting corners to reduce its costs and increase its profits, exhibiting a careless attitude regarding the safety of their workers, the public, and the environment.

As a result of BP’s actions, the company was hit with the biggest fine in history. In addition to the fine, BP has to pay damages to many of the people impacted by the spill.

Medical settlements

Many individuals were physically injured by the BP oil spill. The people affected include those who lived in the area during 2010 and workers who assisted in cleaning up areas that suffered as a result of the spill. People who were physically harmed were eligible to collect compensation from the settlement that was agreed to following a class action suit against BP. In order to recover from the BP Medical Benefits Settlement, the person must have suffered from an acute medical problem, or be suffering from a chronic medical condition as a result of their exposure to the oil spilled or related chemicals.

Economic and Property Damage Settlements

In addition to physical harm, the BP oil spill caused financial and property damage to a great deal of people and businesses in the states that were impacted. The fishing industry, tourism, and real estate industries suffered great losses as a result of the oil spill. The settlement pays claims related to seafood businesses, economic losses, and damage to vessels, damages to coastal property and to property sales.

Appeals of Payouts

BP is bound by their settlement to make payouts to those individuals and businesses that qualify for compensation. However, the language in the settlement agreement allows for BP to appeal claims that are worth at least $25,000. BP has successfully overturned some rulings, meaning that the party that had been determined to qualify for a payout ended up recovering nothing after the appeal.

The settlement agreement also allows for individuals who are denied benefits, or who receive payouts lower than they believe are owed to them to file an appeal.

If you are faced with your settlement being appealed by BP, or if you feel that your claim was wrongfully denied or underpaid, you should speak with an attorney. Attorneys familiar with the BP settlement will know what is expected from you, and how to present the best argument on your behalf. If you suffered harm as a result of the Deepwater Horizon disaster, there is a lot at stake, and it is important to recover the compensation that you are entitled to.  Contact the seasoned Mississippi BP Oil Spill Attorney at Barrett Law, PLLC today at (601) 790-1505 to learn more about how the firm can help you.

When the BP Deepwater Horizon oil rig exploded off the coast of the Gulf of Mexico on April 20th, 2010, 11 workers lost their lives, and the biggest oil spill in US history began. Hundreds of millions of gallons of oil leaked into the water, and soon began making its way to the shore. In addition to a devastating environmental impact, the spill had a drastic impact on the economy. In the Gulf states, the tourism industry and fisheries suffered major losses and real estate prices declined.

As a result of BP’s actions, the largest settlement paid out by any single entity in US history was agreed to. The settlement totaled $20.8 billion. Individuals and businesses impacted by the spill have the ability to file claims for compensation from the settlement fund. Compensation can be collected for employees who suffered a loss of personal income, businesses that lost profits or saw their earnings diminished, and individuals and businesses that suffered damage to their property as a result of the spill. Those who file for settlements can challenge a decision not to grant their settlement request, and can challenge a settlement award that is lower than they believe it should be. BP also has the right to appeal a decision.

BP Oil Spill Settlement Challenges

If a claimant believes that their claim was denied in error, or that the claim was lower than it should have been, it is possible to file for re-review or reconsideration. A claimant can file for re-review when there are additional documents that they believe should have been included in their claim, and that strengthen their position. Filing for reconsideration does not require that the claimant has additional supporting documentation for their claim. A claimant can request reconsideration is there was a calculation error, if relevant information about the claim was not taken into account, if the settlement standards were not followed, or if incorrect deductions were made from the payments.

BP also has the ability to appeal claim decisions in cases where the total compensation is at least $25,000, and they have done so in thousands of cases. While BP has to pay a fee for filing an appeal, the fees range from $400 to $5000 depending on the size of the award being appealed, and in many cases, BP has thought appealing was worth paying the fee. BP has appealed claims where they argue a claimant did not qualify for compensation because they should not have qualified for a category, such as the tourist designation, because the loss suffered was speculative, or because the amount awarded was higher than it should have been.

Facing the appeals process

If you have a BP oil spill settlement claim that was denied, or your settlement award is being challenged by BP, it is important to find an attorney who understands the appellate claims process and the Deepwater Horizon Settlement in detail. The process includes deadlines and documentation requirements, and your attorney will be able to work with you to ensure that you present your case in the most effective manner.  Contact the experienced Mississippi BP Oil Spill Attorney at Barrett Law, PLLC today at (601) 790-1505 to learn more about how we can help make a difference for you.

Recently, 25 residents of the Jacksonville area in Florida were indicted in a scheme to defraud the compensation fund set up following the 2010 BP oil spill.  The indictments came down on Tuesday, November 25, 2014.  Twenty six indictments charge a single count of mail fraud, while the other indictment charges a 33 year old Jacksonville resident with five counts of mail fraud and one count of aggravated identity theft.

According to the indictments, 27 men and women stated they were employees of businesses impacted by the oil spill that occurred after the explosion of the Deepwater Horizon oil rig in 2010 in the Gulf of Mexico, located off the state of Louisiana.  These individuals filed lost income claims through the Gulf Coast Claims Facility, which was established to review and pay those who qualify for compensation.

The defendants allegedly sent documents in support of their fraudulent claims and then received funds.  The 33 year old defendant with multiple charges additionally used other people’s identification to submit multiple claims.

The case seeks over $1 million in financial judgments, ranging from $11,925 to $157,255, depending upon the extent of each defendant’s fraud.  Each defendant faces a maximum sentence of 20 years in a federal prison, with the 33 year old from Jacksonville facing an additional mandatory two years sentence for mail fraud.

The indictment of these 27 individuals is said to be an example of how the Secret Service continues to identify and combat fraud.  Using state of the art investigative techniques, the Secret Service was able to identify this massive crime ring and work to get these individuals charged.

In other BP oil spill news, a recent audit conducted by a third party revealed that the settlement program lead by claims administrator Patrick Juneau correctly processed 99.5 percent of all claims.  The audit concluded that the claims program is appropriate and well designed, with no needed improvements.

This audit comes at a time when BP is fighting to remove Patrick Juneau from his position as claim’s administrator.  BP has stated that the program is riddled with errors and fraud.  BP moved the federal judge in New Orleans to remove Juneau from the position due to a conflict of interest.  The judge denied this request, and BP plans to appeal the decision. Juneau stated that the audit reinforces that the settlement program is running correctly.

In other news, the environmental impact of the BP oil spill continues to be explored.  A new study claims that the oil spill left a bath tub ring around the sea’s floor about the size of Rhode Island, the true effects of which remain to be seen.

Barrett Law PLLC: BP Oil Spill Lawyers Dedicated to the Ongoing Efforts to Ensure Oil Spill Victims Have Been Fully Compensated

Now four years after the BP oil spill caste massive amounts of oil into the Gulf, the event continues to generate headline news.  For some individuals, allegedly falsifying claims may cost them greatly.  For other individuals and businesses, legitimate claims continue to go unpaid.  The Mississippi BP Oil Spill Attorneys at Barrett Law PLLC have not forgotten about the devastating BP oil spill.  We recognize that some individuals and businesses in Mississippi and across the southeast are still awaiting their fair compensation.  At Barrett Law PLLC, we will fight to see that you recover for your losses, whether they be economic or in the form of personal injuries, stemming from the spill.  For more information on how we might be able to assist in your claim, call Barrett Law PLLC today at 1 (601) 790-1505 to schedule your free consultation.

The saga of the Deepwater Horizon oil spill continues to rage on, and the debate continues to grow over the interpretation of the settlement agreement designed to compensate business and individuals that suffered losses as a result of the oil spill.  The newest debate centers on whether the settlement agreement should remain in force.

In August 2013, attorneys for businesses that suffered damages as a result of the oil spill and the BP settlement claims administrator made a joint request to United States District Court Judge Carl Barbier to expand covered losses to additional businesses and claims.  These businesses include those that sustained losses as a result of the temporary, six-month suspension by the Secretary of the Interior, Ken Salazar, of deep water drilling activities.

On September 10, 2013, BP filed documents with the United States District Court for the Eastern District of Louisiana, located in New Orleans, objecting to the request for expansion, contending that the BP economic damages settlement, also referred to as the BP Spill Accord, was not intended to extend to moratorium-related losses.  The moratorium damages claims include those damages asserted by businesses in the offshore oil and gas industry, banks and financial institutions, and investment companies.

BP has again objected to paying claims—this time in a much more dramatic manner.  It has filed an appeal with the United States Court of Appeals for the Fifth Circuit.  BP is arguing that, unless it is successful in disputing certain payments to businesses that BP contends suffered losses not directly attributable to the oil spill, the Fifth Circuit should rescind Judge Barbier’s approval of the settlement agreement.  Judge Barbier granted final approval of the settlement agreement on December 21, 2012.

According to BP’s attorneys, the interpretations of the claims administrator (Patrick Juneau) regarding the settlement terms has resulted in the approval of millions of dollars of payments to businesses for unsubstantiated losses.  BP is essentially contending that what it agreed to in the settlement agreement is not being adhered to or properly applied by Judge Barbier or Patrick Juneau.  BP is further contending that Juneau’s interpretation creates a conflict amongst members of the class, because some members are seeking recovery for actual damages and some members are seeking recovery for non-existent injuries.

Judge W. Eugene Davis, during oral arguments, questioned the delay in BP objecting to the payments.  BP’s attorney’s response was that BP did object.

In addition to BP’s attorneys, attorneys representing thousands of victims are likewise contending that approval of the settlement agreement should be rescinded.  According to Brent Coon, the settlement class is not an appropriate class in that it is composed of distinct groups that are dissimilar except that they lived, worked, or owned property somewhere in the region affected by the oil spill when it occurred.

Earlier this fall, BP appealed Judge Barbier’s interpretation of the settlement agreement, and a panel of appellate court judges ordered review of the interpretation and issued an order to Judge Barbier to suspend certain payments until the concerns about the settlement agreement could be worked out.   Payments to be suspended included those related to business economic losses.

Although the claims period for filing a claim for damages resulting from the BP spill have passed for many groups of businesses and individuals, if you sustained damages as a result of the spill and have any questions about your rights, Barrett Law, PLLC can be reached at (601) 790-1505 to discuss your options.