On Wednesday, October 2, 2013, the U.S. Court of Appeals for the Fifth Circuit in New Orleans blocked the payment of certain claims that had been allowed under the interpretation of the settlement agreement in the BP oil spill case. In a 2-1, the Fifth Circuit ruled that U.S. District Judge Carl Barbier and claims administrator Patrick Juneau may have misinterpreted the terms of the settlement agreement.
Although this may appear to be a victory for the oil giant, the New Orleans BP oil spill lawyers of Harrell & Nowak, L.L.C., strongly believe that all legitimate claims will be paid, despite what essentially amounts to the success of a stall tactic by BP. Business owners, property owners, and private citizens who were damaged by the 2010 oil spill off the Louisiana coast are urged to continue to come forward to learn about their legal rights and options, and how the personal injury attorneys of Harrell & Nowak can help them obtain the damages that are rightfully due.
What the BP Appeal Means to Claimants
The Fifth Circuit ordered Judge Barbier to re-evaluate his interpretation of the 2012 settlement in order to ensure that fraudulent and “fictitious” claims are not being paid out. While this means that certain claims will not be paid until Judge Barbier’s review is complete, it does not mean that these claims won’t eventually be paid. It does create problems, however. As Carl Tobias, a law professor at the University of Richmond, stated, “It’s going to create a real mess.”
It is important to note that the day wasn’t a total triumph for BP, as the appeals judges upheld Judge Barbier’s decision to dismiss the company’s lawsuit against Juneau.
Ultimately, BP is doing whatever it can to delay paying claims and reduce the full amount it must pay by hundreds of millions of dollars. The company had paid out roughly $3.7 billion in compensation as of October 2. In addition to this latest series of appeals, BP had filed individual appeals contesting most of the claims against the company.
The Fifth Circuit’s ruling could eventually cause BP even greater problems as Judge Barbier will still be presiding over the case, and he is the Judge who will determine how the claims process proceeds. The interpretation is far from over, and there is no guarantee that the new interpretation will benefit BP. Moreover, the judge also presides over a trial in which the federal government is asking for at least $17 billion in Clean Water Act penalties from BP. So, Judge Barbier will stay actively engaged in the case, and knows the facts from every angle. We are confident Judge Barbier will properly apply the law, and follow the ruling of the Court of Appeals – the latest ruling simply adds a noteworthy dimension to the ongoing BP oil spill saga.
In the meanwhile, the toxic exposure attorneys of Harrell & Nowak will continue to file claims on behalf of those harmed by the negligent actions of BP, undeterred by this latest development in the case.
Learn More about BP Oil Spill Litigation
If you would like to learn more about BP oil spill litigation and how we can help you file a claim, please contact the law firm of Harrell & Nowak today. We proudly represent individuals and professional firms in BP oil spill litigation.