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BP Oil Spill News

June 8, 2015 –  deadline to file BP claims.

December 8, 2014 –  the Supreme Court formally denies BP’s petition for writ of certiorari (appeal).   BP has exhausted its appeal options.  The Settlement Agreement is final.

August 1, 2014 – BP formally files a writ of certiorari (appeal) asking for the case to be heard by the Supreme Court.  Specifically, BP asks for a review of the Fifth Circuit’s rulings upholding the District Court’s Final Approval Order of the Settlement Agreement.

June 9, 2014 – the Supreme Court denied BP’s request to halt payments.

June 2, 2014 – after 8 months of no BEL claims being paid, payments resume on BEL claims.

May 28, 2014 – BP files an application for an order recalling and staying issuance of the mandate of the 3/3/2014 BEL Panel judgment with the United States Supreme Court.  Essentially, BP asks the Supreme Court to halt payments until it formally files an appeal to the Supreme Court.

May 28, 2014 – Judge Barbier issued an Order dissolving the payment injunction on BEL claims payments.

May 19, 2014 – the 5th Circuit Court of Appeals issued opinions for both en banc appeals denying BP’s request that the entire 15 member Court rehear the two appeals.

March 17, 2014 – BP petitions for en banc rehearing (before all judges of the Court) of the 3/3/2014 three judge BEL Panel ruling.

March 13, 2014 – the Claims Administrator issued Policy 495 to implement the “matching” requirement from Judge Barbier’s December 24, 2013 Order. The policy is a protocol for handling BEL claims in which the claimant’s financial records do not match revenue with corresponding variable expenses.  

March 3, 2014 – a 5th Circuit Court of Appeals three judge panel (BEL Panel) ruled that the tests detailed in Exhibit 4(b) of the Settlement Agreement are the only causation test necessary to determine if a claimant was economically damaged by the oil spill.

January 21, 2014 – BP petitions for en banc rehearing (before all judges of the Court) of the 1/10/2014 three judge Certification Panel ruling.

January 10, 2014 – a 5th Circuit Court of Appeals three judge panel (Certification Panel) ruled that the Settlement Agreement is legal, enforceable, and proper.

December 24, 2013 – Judge Barbier issued an order stating that BP was judicially estopped from arguing that any additional causation test is necessary other than the tests detailed in Exhibit 4(b).  The order also stated that “revenue must be matched with the variable expenses incurred by the claimant in conducting its business, and that does not necessarily coincide with when revenue and variable expenses are recorded.”

December 2, 2013 – the 5th Circuit Court of Appeals issues a clarifying order that it wanted Judge Barbier to consider the Exhibit 4(b) causation issues and framework as part of the remand.

November 22, 2013 – Judge Barbier issued an order denying BP’s emergency motion to have “causation” under Exhibit 4(b) of the Settlement Agreement reviewed as part of the remand determination.

October 18, 2013 – Judge Barbier issued a Preliminary Injunction in response to the decision by the 5th Circuit Court of Appeals.  The court suspends the payment of Business Economic Loss claims.

October 2, 2013 – the 5th Circuit Court of Appeals sends the case back down to the District Court (Judge Barbier) to analyze how the Settlement Program is applying certain financial information to the agreed upon Program formulas as it relates to the “matching” of revenues and expenses, and asks the District Court to make specific findings of fact in reference to the matching issues. The appellate court also issued a temporary stay on Business Economic Loss claims and asked Judge Barbier to enter an expeditious and limited stay affecting only those cases wherein it was clear that revenues and expenses were not adequately matched.

July 8, 2013 – Oral argument is heard on BP’s appeal of Judge Barbier’s 3/5/2013 order.

April 3, 2013 – BP appeals Judge Barbier’s 3/5/2013 order to the 5th Circuit Court of Appeals.

March 5, 2013 – Judge Barbier enters order approving the Claims Administrator’s 1/15/2013 policy.

January 15, 2013 – Claims Administrator, Patrick Juneau, renders a policy decision on the handling of valuation of claims under Exhibit 4(c) of the Settlement Agreement. BP objects to the policy and asked Judge Barbier to rule on the issue.

December 21, 2012 – the Court granted final approval of the Settlement Agreement. According to US District Judge Carl Barbier, “None of the objections, whether filed on the objections docket or elsewhere, have shown the settlement to be anything other than fair, reasonable, and adequate.”

November 8, 2012 – date of the Fairness Hearing at which the Court considered any objections to the Settlement and began to determine whether to grant final approval of the Settlement Agreement.

November 1, 2012 – last day to opt out of the Deepwater Horizon  Economic and Property Damages Settlement Agreement.

June 4, 2012 – the Court-Supervised Settlement Program opened and began accepting claims and processing them pursuant to the terms of the Settlement Agreement.

May 2, 2012 – the Court preliminarily approved the Deepwater Horizon  Economic and Property Damages Settlement Agreement between the Plaintiffs and BP Exploration & Production Inc. and BP America Production Company.

April 20, 2010 –  the Deepwater Horizon oil drilling platform catastrophically exploded killing 11 people and injuring 17 others.  The oil drilling platform sank two days later and continued to uncontrollably release millions of barrels of oil into the Gulf of Mexico for 86 days.  This was the largest accidental marine oil spill in the history of the petroleum industry.

 

Contact us to find out if your business is potentially eligible to file a claim.  We understand terms of the settlement, how the settlement may affect your legal rights, and the manner in which your claim will be calculated.”

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