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Mississippi Oil Spill Attorneys Discuss BP’s Bid to Remove Oil Spill Claims Administrator

Last month, BP filed a motion in a New Orleans federal court seeking the removal of the administrator in charge of determining the payout for economic oil spill claims.  BP claims that Lafayette attorney Patrick Juneau, current administrator for the court-supervised settlement program, has a conflict of interest that should prevent him from serving in this capacity.

BP filed the motion to dismiss Juneau in the U.S. District Court for the Eastern District of Louisiana.  The motion asserts that Juneau advocated for clients involved in oil spill-related litigation in his capacity as an attorney prior to his appointment.  He should have been required to obtain a written waiver for the conflict, but did not, according to BP.  BP spokesman Geoff Morrell stated that Mr. Juneau’s failures were too numerous to allow him to continue to function as the administrator.

Oil spill plaintiff’s attorneys and attorney Patrick Juneau himself have contested the move to oust Juneau.  The court heard rebuttals to BP’s September motion just days ago.  Juneau and plaintiff’s lawyers urged that BP was aware of Juneau’s prior actions as an attorney, including consulting with Louisiana officials to push for a more favorable claims process.  Mr. Juneau asserted that he had functioned as head of the BP oil spill claim payments for the past two years, and his record on the job proves he has been both competent and fair in handling claims.

Juneau and the plaintiff’s attorneys believe there is no conflict of interest and that the settlement is functioning properly.  In fact, in his time spent overseeing the settlement program, Juneau has lowered monthly costs and issued over 274 policy interpretations, only three of which have been appealed in the court.

A court ordered investigation into the matter found Juneau had no conflict of interest.  The investigation concluded that payments could continue to proceed fairly and efficiently with Juneau at the helm.

In other BP news, a Slidell, Louisiana man who was at the center of an investigation into fraud related to the BP oil spill settlement pled guilty on October 10 to two counts of wire fraud.  The defendant admitted to submitting fake tax returns in conjunction with a shrimping claim he filed following the 2010 spill.  The man received $357,000 in payments based on this falsified information.  He now faces several years in prison.

It has been four years since the BP oil spill wrecked havoc on the Gulf and left many individuals and businesses suffering in its wake.  While many claims have been paid out since this time, still others continue to await compensation for their losses.  The BP oil spill settlement continues to wind its way through the court, and anyone who has not yet filed a claim or is struggling to obtain compensation for their claim should consult with an attorney as soon as possible.

Barrett Law PLLC: Mississippi BP Oil Spill Attorneys Continuing to Fight For the Recovery of Oil Spill Victims

Four years after the massive and disastrous BP oil spill, BP continues to make the recovery of some oil spill victims difficult to achieve.  The attempted removal of current claims administrator is another move that may result in more delays.  If you or a loved one may have been impacted by the BP oil spill, the experienced and dedicated Mississippi BP Oil Spill Attorneys at Barrett Law PLLC can help.  It may not be too late to bring your claim and obtain a recovery for your losses.  We will evaluate your losses and uncover whether you might be entitled to compensation from BP.  Call us today at 1 (601) 790-1505 to schedule your free consultation.

 

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Mississippi BP Oil Spill Attorneys Discuss the Latest Legal Developments

It has been four years since the BP oil spill pumped 210 million gallons of oil into the Gulf of Mexico, yet many businesses and individuals affected by the spill are still fighting to obtain compensation.  Clean up workers and coastal residents seeking medical damages in the settlement comprise one such group still struggling to have their claims approved.

Mark Mead is a member of a group of about 20,000 coastal residents and cleanup workers who have currently been blocked from settlement payments.  Mark Mead and two friends were fishing just miles away from the Deepwater Horizon oil rig when it suddenly burst into flames, lighting up the sky.  The trio rushed toward the rig to help pull survivors and bodies out of the water.  As the oil continued to spill out of BP’s damaged well over the next four months, Mark Mead helped as part of BP’s cleanup effort.  He worked to retrieve contaminated boom near the Florida-Alabama line.

Despite his heroic efforts, Mead now finds himself part of a group of 20,000 who have been blocked from receiving settlement payments under a disputed reading of a phase found within the 1,000 page agreement.

U.S. District Judge Carl Barbier initially agreed with BP’s reading of the settlement and ruled to block the 20,000 coastal residents and cleanup workers.  Now, however, he is reconsidering the interpretation and the affect it will have on these class members who will likely now face years of costly litigation.  For Mead and the others, their fate now rests in Judge Barbier’s hands.  Many of the cleanup workers and residents suffered severe medical complications as a result of exposure to the oil.  Some are struggling with ongoing medical expenses and disability.

On another front, Federal District Court Judge Barbier has also ruled that BP cannot recoup the funds it claims to have overpaid victims of the oil spill.  This ruling came on Wednesday, September 24, 2014 following several hearings on the matter.  BP had successfully argued last years that the accounting methods used to determine claim payments were flawed and too generous.  Judge Barbier ordered the office processing claims to adopt a new accounting procedure.

In response to this victory, BP then claimed that it should be able to recoup the hundreds of millions of dollars that it claims it overpaid to victims.  Judge Barbier disagreed, finding that the earlier claims were paid under the settlement’s terms as interpreted at that time.  The fact that the interpretation was later reversed does not equate to fraud by claimants, and does not justify recovery of monies paid.  The individual release signed by all those who agreed to the settlement further supported this position, as in it claimants were informed that further legal proceedings or changes in the terms of the settlement would not affect them.

Barrett Law PLLC: Mississippi BP Oil Spill Attorneys Assisting Oil Spill Victims Until All Have Received Justice

It has been four years since the BP oil spill, but for many, relief continues to elude them.  As this look at the recent legal rulings concerning the case demonstrates, BP oil spill litigation is ongoing and many questions still remain.  The Mississippi BP Oil Spill Attorneys at Barrett Law PLLC vow to continue to assist oil spill victims in obtaining a recovery until the very end of this monumental case and chapter in U.S. history.  If you have been or may have been impacted by the BP oil spill, our team of experienced oil spill attorneys can help.  Call us today at 1 (601) 790-1505 to schedule your free consultation.

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New Study Shows the Footprint of the BP Oil Spill May Be Worse Than We Thought

Biologists at Pennsylvania State University have made an alarming finding that the BP Oil Spill has had a deeper impact on marine life than previously predicted.  The 2010 Gulf Oil Spill has captured the world’s attention for polluting the waters in the Gulf of Mexico.  The spill additionally shut down business across the region, including fisheries and beaches, and severely contaminated marshes and wetlands.  Three companies were responsible for the spill: TransOcean, which operated the Deepwater Horizon drilling rig; oil company BP; and Halliburton.

Researchers at Pennsylvania State University found two partially damaged and dying deep sea coral reefs far to the east of the oil spill site.  Up until now, scientists only knew of one reef that was damaged by the oil spill.  That reef was closer to the surface and to the scene of the spill which sent 210 million gallons of oil pouring into the Gulf for 87 days.

Charles Fisher, who led the study, stated that the footprint of the oil spill on coral communities is deeper and wider than previous studies indicated.  BP issued a published response stating that the researchers have prematurely linked the dead coral reefs to the 2010 oil spill.  BP urged the reef’s destruction could have come from other sources including natural oil or gas seeps or underwater landslides.  PSU biologists defended their study, emphasizing that their testing proved the oil found on the reefs was the same as the oil from the 2010 BP oil spill.

The study presents two theories as to how these distant reefs were damaged by the oil spill.  The first is that a cloud of oil droplets traveled under the sea deeper and in different directions that scientists previously believed.  The second is that the oil traveling on the surface of the water sunk and landed on the reefs.  This sort of oil is called “toxic marine snow.”  Scientists believe toxic marine snow is formed when chemical dispersants used to clean up the oil cause the oil to form droplets that then fall hundreds of feet below the surface.

Deep sea coral reefs are a crucial part of the ocean ecosystem.  They provide a habitat for dozens of species and participate in nitrogen and carbon cycling processes, as well as sheltering fish and shark eggs.  Charles Fisher emphasizes that the discovery of these dying reefs indicates the deep sea is still experiencing the effects of the oil spill.  He warns that it could be awhile before the full impact of the spill is realized in the wider Gulf.

Just like the ocean floor, individuals and businesses continue to be impacted by the BP oil spill.  Many more are still struggling to receive payouts from BP for their damages sustained.  Contact a BP Oil Spill Attorney today for help with your claim.

Barrett Law PLLC: Mississippi BP Oil Spill Attorneys Continuing to Assist Victims of this Disaster

This new study showing the ongoing and even greater than previously thought impact of the BP Oil Spill is alarming and serves to illustrate the need for continued litigation against the companies responsible for this disaster.  It has been four years since the oil spill that pumped millions of gallons of oil into the Gulf, devastating many Gulf coast residents, business owners, and the environment.  While it has been years since the spill, the effects are ongoing and litigation continues.  If you have been or may have been impacted by the BP oil spill, the experienced Mississippi BP Oil Spill Attorneys at Barrett Law PLLC can help.  Call us today at 1 (601) 790-1505 to schedule your free consultation.

 

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BP Oil Spill Dispersants Still Found in Environment

Four years after the massive BP Deepwater Horizon oil spill, an ingredient found in the controversial dispersants that were used to break down oil are still being found in tar balls along Gulf Coast beaches.  The discovery of this ingredient, which is commonly found in human laxatives, has alarmed environmentalists and the public alike.  Its presence four years later stands in stark opposition to the message sent by BP and EPA officials during the spill that dispersants evaporated quickly from the environment.

More than 1.8 million gallons of chemical dispersants were used to clean up the oil spill, being injected into the subsurface of oil slicks in an effort to prevent the slicks from reaching beaches and marshes.

The study that sparked this finding was published by scientists at Haverford College and Woods Hole Oceanographic Institution.  Their research paper, which was published in Environment Science & Technology Letters, states it is important for other scientists studying the impacts of the Deepwater Horizon oil spill disaster to know the dispersants are still present in the environment.

Researchers participating in the study examined samples from deep sea corals and sediment collected in December of 2010, along with oil soaked sand found along Gulf Coast beaches from July 2010 to present.  The dispersant chemical DOSS was found in variable quantities in the deep sea coral communities for at least six months after the spill and 26 to 45 months on beaches.

These results indicate that the dispersant, which was touted as safe for the environment and quick to dissipate, remains with oil in the environment and can persist for at least four years.  Most surprising was the presence of DSS in the sand patties four years after the spill, as this sand has been exposed to weather, waves, temperature changes, and air, which provided ample opportunities for the dispersant to dissipate.

One question this study does not attempt to answer is what kind of danger the presence of DOSS in the environment could pose, both to marine and human life.  While the concentration of DOSS is low in the samples studied, the chemical could surely have an effect on the environment.

A BP spokesman in Houston, Texas has responded to the study and rebuffed any notion that the low levels of dispersants found could pose any risk to human or aquatic life.  None of the samples tested exceeded the Environmental Protection Agency’s safety levels for dispersants.  Further, according to BP, the DOSS chemical can come from many different sources and it is not uncommon to find traces of it in the Gulf, making it difficult to isolate its source to the BP oil spill. Researchers from this study did take care to ensure the DOSS chemical was from the dispersants, however, by comparing other samples found not to contain DOSS.

Many environmentalists believe the BP oil spill has continued to have a negative impact on marine life, including tuna.  The presence of dispersants raises questions as to their possible role in the death and ill-health of marine life.

Barrett Law PLLC: Helping Victims of the Catastrophic BP Deep Horizon Oil Spill

It has been four years since the BP Oil Spill pumped millions of gallons of oil into the Gulf.  While many individuals have received compensation for their lost profits attributed to the impact of the spill, many more continue to suffer ongoing losses due to the still present environmental contamination.  This recent studying examining the presence of dispersants four years later is just one piece of evidence supporting the ongoing damaging effect of the spill.  If you have been or may have been impacted by the BP oil spill, the experienced Mississippi BP Oil Spill Attorneys at Barrett Law PLLC can help.  Call us today at 1 (601) 790-1505 to schedule your free consultation.

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Mississippi BP Oil Spill Attorneys Report: BP Starts to Pay Medical Claims

Four years after the disastrous BP oil spill pumped over 200 million gallons of oil into the Gulf, BP has started to pay the first 100 of the over 10,000 medical claims filed against the company.  The claims were filed by Gulf Coast residents and cleanup workers who suffered medical affects from the spill.  Payments made will cover the cost of treating skin and respiratory ailments, along with other physical illnesses, caused by contact or close proximity to the spilled oil.

BP’s payments to these oil spill victims will continue for some time.  Matt Garretson, the administrator of the settlement presided over by U.S. District Judge Carl Barbier, reports that payments should begin to flow in earnest over the next few months.  Garretson states that there are about another 800 cases ready for payment and more to come shortly.

The payment of these medical claims to the victims impacted by the nearly three months during which oil spilled into the Gulf comes after a year of delay.  BP has waged a battle in the courtroom against the way a different claims administrator had been paying individuals and business under another, separate, economic damage settlement.

While the medical claims did not involve such a fight, it is still been a slow process to reach the payment phase.  The settlement was approved in January of 2013, but appeals by claimants kept the payments from starting until February of 2014.

Under the settlement, medical payments range from $900, obtained with a signed declaration and proof that the claimant lived or worked on the oiled coastline, to over $60,000 for documented chronic injuries associated with the spill that required hospitalization.

Garretson reports that his 300 claims adjusters have denied more than 2,600 claims so far and have requested further documentation from another 4,000.  The forms required to obtain medical claims benefits are numerous and complex.  Further, final payments can take time as the adjusters are required to check on private insurance, Medicare, and Medicaid reimbursements.

The settlement does set out specific and clear rules, enough to avoid any sort of appeals or court challenges like those experienced in the economic settlement process.  Those individuals that meet the medical claims requirements and fill out the forms correctly with sufficient documentation will receive a pre-determined settlement amount.  Not included in the settlement are any sort of civil liability claims, such as claims by oil workers that they were not provided with the proper protective clothing and equipment.

As part of the settlement, BP will run a program of medical consultations and provide grants for healthcare providers in the Gulf Region Medical Outreach Program.  Thus far, around 100 claimants have consultations scheduled and over $80 million in grants have been disbursed.

All those who may have suffered health affects due to the BP oil spill are encouraged to consult with an attorney as soon as possible.  It is imperative your claim is initiated soon as payouts continue to be made.

Barrett Law, PLLC: Assisting Victims of the 2010 BP Gulf Oil Spill

The 2010 BP oil spill impacted millions of individuals and businesses across the Gulf Coast, particularly affecting many in Mississippi.  Victims of the spill suffered from economic damage, environmental damage, medical illnesses, and more.  Though the spill occurred four years ago, litigation is ongoing.  The Mississippi BP Oil Spill Attorneys at Barrett Law, PLLC have provided skilled, zealous, and intelligent representation for the victims of the BP oil spill since the day it occurred.  Our efforts are ongoing.  If you have been affected by the BP oil spill, no matter how you were affected, we can help. Call today at 1 (601) 790-1505 to schedule your free consultation.

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BP Ordered to Abide by Terms of $9.2 Billion Settlement

When the Deepwater Horizon had a catastrophic incident on April 20, 2010, 11 people were killed and 4.9 million gallons of oil poured into the Gulf of Mexico, forever altering the lives of many victims.  Despite the initial assertions by BP Oil to meet its financial obligations in the aftermath of the largest marine oil spill in history, they have fought the financial settlement that the company reached on a voluntary basis, taking it to an appeals court to contest the terms of the settlement.  The company did reach a settlement with many of the private plaintiffs in March of 2012, which concluded a pending legal action that was about to result in a civil trial.

In December 2013, BP halted payments under the terms of the $9.2 billion settlement it previously had reached.  Attorneys for BP Oil went to court to argue that the settlement covered losses that were not directly linked to the oil spill and should not be part of the payout. However, the federal Court of Appeals that heard the argument ruled that the terms of the settlement agreement did not require the offer of proof that the damage being claimed was the direct result of the oil spill.  This means that BP was required to resume the payments due under the terms of the settlement agreement.  The appeals court ruled that the company failed to satisfy its burden that the settlement agreement required a specific burden of proof.

The United States Court of Appeals in New Orleans ruled that the “settlement agreement does not require a claimant to submit evidence that the claim was the result of the oil spill,” according to Judge Leslie Southwick.

The legal argument was based on the fact that claims were submitted that were not directly related to the Deepwater Horizon spill.  BP Oil claimed that the settlement did not cover claims that could not be directly linked to the spill.  For example, without any link to actual claims that were filed, a hotel on the Mississippi gulf coast that might have claimed damages related to loss of revenue based upon the aftermath of the oil spill would not be able to maintain such a claim against BP Oil under BP’s argument.  BP had argued that claimants that could not trace their losses directly to the spill caused by the explosion of the Deepwater Horizon should not be able to maintain their claims.  BP Oil denies that many of the claims that were filed pursuant to the settlement are the result of scientifically based methodology.  The Appeals Court struck down this argument.

As of early March 2014, BP Oil has paid 3.83 billion dollars in an effort to resolve more than 55,000 claims that have been submitted as a result of the Deepwater Horizon oil spill.  In addition to the claims that were filed, there were legal claims submitted by 700 casinos, as well as an estimated 250 financial organizations, approximately 750 government entities, and 900 business entities, and other entities that allegedly were harmed as a result of the BP Oil spill that were instituted as a result of the efforts of the Obama administration.  These claims are not covered in the settlement reached by BP Oil.  BP has struggled in court to prove that the victims who submit claims must demonstrate that the economic harm was directly related to the spill in the Gulf of Mexico.  The Court determined that the settlement might have been more protective of the rights of BP Oil, but the terms were agreed to by the parties to the settlement and were not unreasonable.  The Court ruled that BP Oil would not be able to renegotiate the deal via the court system.

The BP Oil spill and other environmental disasters that have decimated the Mississippi coast have altered the lives of many people.  At Barrett Law PLLC, our team of Mississippi BP Oil Spill Attorneys work hard on behalf of the  people who have been decimated by the BP Oil spill and other horrific environmental events.  To schedule a free initial consultation, please call us at (601) 710-1505.  We do not collect our fee unless we recover compensation for the harm that you have suffered.

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The BP Oil Spill Settlement Dispute Continues

Though the four year anniversary of the catastrophic Deepwater Horizon oil spill is rapidly approaching, some individuals, businesses and nonprofits have still yet to receive settlement funds for their losses attributed to the disaster.  As the worst offshore oil spill in history, the event sparked thousands of suits against industry giant BP, along with Transocean Ltd. and Halliburton Co.  BP settled with most private plaintiffs back in 2012, but the settlement has become the source of much controversy, and BP is still fighting to see it rescinded.

Back in December of 2012, the United States District Court in New Orleans entered an order granting final approval of a settlement for plaintiffs in Alabama, Mississippi, Louisiana, and some parts of Western Florida that met financial formulas detailed in the settlement agreement.  The settlement was initially estimated at $8 billion but left uncapped.  It is now estimated to exceed $9.6 billion.

Though most thought this would be the end of the saga, just months later BP began to file an onslaught of motions attempting to halt the payout process being conducted by Deepwater Horizon Claims Administrator, attorney Patrick Juneau.  BP alleged that payments were being made to fictitious claimants and businesses, for fictitious losses that were not related to the spill.  After several hearings, U.S. District Judge Carl Barbier rejected each claim.

BP filed an initial appeal to the Fifth Circuit disputing Patrick Juneau’s method for calculating payments, specifically stating he was applying an incorrect standard for determining business losses.  A three judge panel ordered that Judge Barbier reconsider some of the settlement terms regarding calculation of losses for businesses.

BP then filed another appeal, requesting the Fifth Circuit throw out the settlement unless Judge Barbier requires businesses to prove their losses were directly caused by the oil spill. This time, the Fifth Circuit rejected the appeal.

The divided three judge panel affirmed Judge Barbier’s 2012 ruling.  The appellate court found that Judge Barbier did not err in failing to determine whether eligible claimants have actually suffered any injury from the spill.  The court held that no laws or case precedence requires a district court to safeguard the interests of the defendant, when in most settlements the defendant can protect its own interests at the negotiating table.

BP has now requested the appellate court reconsider its January 10th decision.  The company argues in its filing that the Fifth Circuit erred in affirming the district court’s approval of the 2012 settlement.  It said the court’s January 10th ruling will force the company to pay out millions of dollars to businesses that were not actually harmed by the oil spill.  Lawyers for the company urge that the court should not have upheld Judge Barbier’s certification of the class as it was ill-defined.

Plaintiffs’ lawyers have publically stated that they believe BP undervalued the settlement and how many claimants would be eligible for payment.  Accordingly, the embattled giant is now searching for any and all means to escape full payouts under the settlement.  Many have questioned the wisdom of BP’s decision to continue to challenge Judge Barbier’s rulings, as he is also handling a separate suit against BP and has wide latitude to assess fines under the Clean Water Act.

Barrett Law PLLC has been involved in much of the litigation stemming from the BP oil spill and has successfully helped many claimants recover from their losses.  Though the time for filing a claim for damages for many individuals and businesses has now passed, if you suffered damages from the spill and would like more information concerning your rights, call us today at 1 (601) 790-1505 to schedule a free initial consultation.

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