Court grants preliminary approval for BP settlement
New claims process to start June 4
May 2, 2012
The federal judge overseeing the massive BP oil spill litigation has granted the "preliminary approval"
that was required to allow the recently announced settlement to proceed.
Judge Barbier's order provides a June 4, 2012, start date for the new claims facility,
which replaces the old Gulf Coast Claims Facility, or GCCF, that was run by
Claims Administrator Ken Feinberg. The new facility is the
Deepwater Horizon Court Supervised Settlement Program.
Today's preliminary approval order allows the claims facility to begin processing
claims according to the terms of the settlement, which are substantially more generous and
inclusive than the GCCF methodology.
Deadlines provided in the court order:
- Notice to be sent out in accordance with the Notice Plan
- Court Supervised Settlement Program shall commence operation on June 4, 2012
- Motion papers in support of settlement to be filed by August 13, 2012
- Objections to be filed by August 31, 2012
- Opt-Out period to be closed by October 1, 2012
- Guardian Ad Litem’s Report to be filed by October 8, 2012
- Reply submissions to be filed by October 22, 2012
- Fairness hearing on November 8, 2012 at 8:30 a.m.
BP litigation judge considers settlement terms
Plaintiffs' lawyers persuade BP to settle claims and replace GCCF
Editor's Note: The following article, by Louis Cooper, was published in the print edition of the Pensacola New Journal, April 18, 2012.
April 18, 2012

Judge Barbier
A federal judge in New Orleans is reviewing the details of a proposed settlement between BP and attorneys representing those affected by BP's 2010 oil spill in the Gulf of Mexico.
BP and lawyers representing more than 100,000 individuals and businesses filed their agreement with U.S. District Judge Carl Barbier on Wednesday. Barbier hasn't said when he will rule.
The proposed settlement will establish a compensation process to replace the Gulf Coast Claims Facility, a $20 billion agency funded by BP under an agreement with the Obama administration. Many of those injured by the spill were never satisfied with the claims process.
Pensacola attorney Neil Overholtz co-chaired the Economic Loss Damages Model Subcommittee
for the suit against BP. He is a partner with
Aylstock, Witkin, Kreis & Overholtz, a firm that represents about 1,000 spill-related clients.
"For many, many clients, when they got into the GCCF process it was like they were negotiating with a claims adjuster who was simply trying to downgrade their claim for the sake of downgrading it even though the claim had complete legitimacy and the claims were documented," Overholtz said. "All of that has been removed from this process."
The process laid out in the settlement gives a greater presumption of damage to those in the Gulf region, he said.
"There is no cap on the money to be paid," he said.
. . .
Looking for results
Mike Pinzone, who manages the Pensacola Beach Gulf Pier, is pleased to see a new compensation matrix in the works.
Pinzone estimates the spill cost the pier $300,000.
He wrestled with the claims facility -- including attending seven public meetings
with facility administrator Ken Feinberg -- and only received about $150,000.
. . .
Pinzone says his damages may be even more than the $300,000 in documented losses because he had planned to expand his business, adding an upscale restaurant. Those plans were dashed by the dip in business caused by the spill.
"I don't know if that will fall under this settlement or not," Pizone said. "But I am glad this is coming to an end. We need to move forward."
Speeding up payouts
Overholtz also said once Barbier gives the settlement
his preliminary approval -- which could come in the next two or three weeks --
people will be allowed to file claims in the new system within 30 days.
"We believe the mechanisms will be put in place to speed the timing of review and claims processing," he said.
Overholtz says those who have not yet brought a claim should consider doing so.
"If you lived in the affected area along the water, there is a presumption under the settlement that you were impacted by (the spill)," he said. "If you either owned property, sold property or owned a business in that area, there is a very strong chance that you have a claim under this settlement. You should look into whether you have a claim."
2012 BP settlement submitted to federal court
Published: April 18, 2012
The much-anticipated BP settlement terms have been submitted today
to the federal court overseeing the BP litigation in New Orleans.
This step paves the way for a new claims process, with more open and
more generous terms for claimants.
Excerpts from the documents the parties submitted to the court are available
here: BP Litigation Documents.
As reported today:
BP and a team of plaintiffs' attorneys on Wednesday presented a federal
judge with the formal terms of a proposed class-action settlement designed
to resolve billions of dollars in economic damage claims spawned by the
2010 oil spill in the Gulf of Mexico.
The London-based oil giant and lawyers representing more than
100,000 individuals and businesses are asking U.S. District Judge Carl Barbier
in New Orleans to give preliminary approval to the settlement agreement.
The judge hasn't indicated when he will rule.
BP PLC has estimated it will pay about $7.8 billion to resolve
these private party claims, which would make it one of the largest
class-action settlements ever. But the settlement doesn't have a
cap on the amount of money BP would pay.
Wednesday's court filing says the agreement
"creates a comprehensive compensation system" and is
"more than fair, reasonable and adequate."
"As in any settlement, neither side will receive everything it wants --
not BP, which believes that plaintiffs' claims are subject to considerable
litigation risk, and not the (Plaintiffs' Steering Committee),
who maintain that they would one day obtain larger awards if their
claims were to proceed to trial," the filing says.
The agreement announced March 2 doesn't resolve separate
claims brought by the federal government and Gulf states against
BP and its partners on the Deepwater Horizon drilling rig over
environmental damage from the nation's worst offshore oil spill.
The settlement also doesn't resolve claims against
Switzerland-based rig owner Transocean Ltd. and Houston-based
cement contractor Halliburton. Barbier has scheduled a May 3
status conference to discuss plans for a possible trial for
claims not covered by the settlement.
Barbier also is expected to hold a "fairness hearing"
on the settlement before deciding whether to give final approval to it.
BP and the plaintiffs' attorneys have said their agreement
calls for paying medical claims from cleanup workers and others
who say they suffered illnesses from exposure to the oil or
chemicals used to disperse it. Many people have filed claims
asserting spill-related illnesses, but none were paid through a
BP-created $20 billion compensation fund administered by the
Gulf Coast Claims Facility.
The oil company also agreed to pay $2.3 billion for
seafood-related claims by commercial fishing vessel owners,
captains and deckhands.
. . . .
Claimants who received settlement offers from the GCCF
can receive 60 percent of that offer while they consider whether
to participate in the court settlement. If they opt out of the
court settlement, they must sign a release to get the remaining
40 percent. If they opt in, the court-supervised process will
decide if they are entitled to more than what the GCCF offered.
The settlement excludes certain types of businesses,
including financial institutions, casinos and racetracks,
as well as losses allegedly caused by the federal government's
temporary moratorium on deepwater drilling.
[Source: Fox News website; April 18, 2012.]
Florida Attorney General Pam Bondi has asked Judge Barbier to delay preliminary approval of the settlement, so that other interested parties can review the terms and submit comments to the court.
Anyone interested in discussing their claims and the settlement can
fill out the law firm's BP Settlement Questionnaire to submit their
information to Aylstock, Witkin, Kreis & Overholtz and
get a prompt response.
BP Litigation Documents
Updated: April 2012
To view and download documents related to the 2010 BP Deepwater Horizon oil rig
disaster and the related litigation, go to the BP Litigation Documents page.
2012 BP settlement changes options for claimants
Published: March 23, 2012
Lawyers representing the interests of all BP oil spill claimants have
reached an agreement-in-principle with BP to settle oil spill claims,
which will completely change
the way claims are filed, reviewed, and paid.
The BP settlement will be carried out in the form of two class actions. One class action
will cover personal injury (medical) claims, while the other covers economic losses.
These two class actions are expected to cover most, but not all, possible claims
resulting from the 2010 Deepwater Horizon oil spill in the Gulf of Mexico.
Because the settlement will take the form of class actions, claimants will be need
to decide whether to remain in the class action or opt out. By default, anyone who fits
the descriptions of the classes, as approved by the court overseeing these cases, will
automatically be in the class settlement, unless they opt out of the class action
by a date set by the court. We do not yet know exactly what that date will be.
The decision of whether to remain in the class or not is something each claimant
should discuss with a qualified lawyer, like thost at Aylstock, Witkin, Kreis & Overholtz.
The lawyers at Aylstock, Witkin, Kreis & Overholtz
are pursuing cases for numerous businesses and
individuals harmed by the Deepwater Horizon oil spill.
Anyone interested in discussing their claims and the settlement can
fill out the law firm's BP Settlement Questionnaire to submit their
information to Aylstock, Witkin, Kreis & Overholtz and
get a prompt response.
BP settlement promises immediate relief for those considering
GCCF offers; possible 60% payment now and more later
Published: March 4, 2012
BP has announced a proposed settlement with lawyers representing
numerous plaintiffs in the Gulf oil spill litigation that could mean
immediate payments to any claimants who have a GCCF "Final Payment"
offer but have not yet accepted it.
If the proposed settlement is eventually approved by the federal court in
New Orleans without any substantial modifications, claimants who already have
a GCCF Final Payment offer in hand would no longer face the dilemma of choosing
to give up all further claim rights to accept the payment. Under the proposed
terms, claimants will receive an immediate payment of 60% of their current offer,
then will go into a new claim process which could yield an higher offer. At a
minimum, the claimants could at least accept the remaining 40% of their original offer,
if there was no improvement.
The lawyers at Aylstock, Witkin, Kreis & Overholtz
are pursuing cases for numerous businesses and
individuals harmed by the Deepwater Horizon oil spill. The firm will post
updates on this website as the settlement progresses.
Published: April 22, 2011
A new 288-page report by the U.S. Coast Guard focuses mainly on negligence by Transocean that caused
the Deepwater Horizon disaster in the Gulf of Mexico on April 20, 2010.
The report also describes failures by, among others,
the Coast Guard itself and the Republic of the Marshall Islands,
the mobile offshore drilling rig's flag state.
Some of the failures by Tranocean included:
- the disabling of safety warning systems,
- a lack of drills for an emergency evacuation,
- installation of electrical equipment in places where it could ignite gases,
- a lack of barriers to protect crew members from blast or fire and
- a history of safety violations that were not addressed by Transocean,
- failure to comply with regulations regarding the integrity of internal watertight compartments and
- failing to provide the crew with proper training or knowledge of onboard safety systems.
The USCG report on the oil spill disaster is available on the USCG website, in PDF format. A plain-text version is available also.
The lawyers at Aylstock, Witkin, Kreis & Overholtz are pursuing cases for numerous businesses and
individuals harmed by the Deepwater Horizon oil spill.
Published: February 1, 2011
With
91,000 people and businesses awaiting payments, the GCCF has made only one "Final Payment,"
and that was a $10 million check that went to a BP business partner, according to Associated Press (AP) reports.
BP refuses to name the business that received the $10 million payment, but a BP spokesperson admitted
that BP "lobbied" for the payment.
According to the AP report, BP spokeswoman Hejdi Feick, in an e-mail to AP,
called it "a unique situation in which
an existing BP business partner and BP submitted a view on a specific claim."
The fund's administrator, Kenneth Feinberg, told AP that the Gulf Coast Claims Facility
never reviewed the $10 million claim for merit.
He said BP struck an outside deal with the business and told the fund to make the payment,
according to the story.
"At the request of the parties, the settlement reached between BP and the other party was paid out of the GCCF fund," Feinberg told the AP. "It was a private settlement and we paid it, but we were not privy to the settlement negotiations between BP and that party."
Reported by BRIAN SKOLOFF, Associated Press
The law firm Kenneth Feinberg runs has been receiving $850,000 a month from BP for its work,
according to AP news reports. The law firm has offices in New York City and Washington, D.C.
The lawyers at the Pensacola-based law firm of
Aylstock, Witkin, Kreis & Overholtz
have been fighting to secure payments for numerous clients who have been harmed by the BP oil spill.
Feinberg says GCCF may change eligibility criteria
Published: January 19, 2011
In recent town hall meetings in Alabama and Florida, GCCF Administrator Kenneth Feinberg
said he is reconsidering the eligibility criteria that has resulted in so many claim denials.
Feinberg said claimants who have been denied should re-file their applications, this time for
Interim of Final payments, and await potentially better responses.
Administrator Feinberg also said the GCCF will soon publish
the formula for calculating damages,
information that so far has largely remained a mystery to claimants.
The lawyers at the Pensacola-based law firm of
Aylstock, Witkin, Kreis & Overholtz
are monitoring these changes and advising clients on how their claims may be affected.
Current payment options through the GCCF
Published: December 13, 2010
The GCCF offers a one-time, final, "Quick Payment" to anyone who has received Emergency Advance Payment (EAP) funds. If the EAP claim was a personal claim, the "Quick Payment" amount would be $5,000. If the EAP was a business claim, the "Quick Payment" amount would be $25,000.
However, accepting this Quick Payment offer requires you, the claimant, to release all the major defendants from any further liability in this matter. This means you would not be able to sue for more money later nor request funds from the GCCF or the National Pollution Funds Center.
This Quick Payment option may be a wise choice if the EAP you received, plus the Quick Payment, fully compensate your total losses - including expected future losses - from the oil spill. Claimants can take advantage of the Quick Payment option at any time before the close of the GCCF Program on August 22, 2013.
If you have never received EAP funds, or if you believe your losses are much greater than the total of your EAP funds plus the Quick Payment, then you have two options in the GCCF program. You can either file a claim for "Interim Payment" or "Final Payment."
An "Interim Payment" claim is a request for funds to cover your past and current losses, with no need to release defendants from further liability. A "Final Payment" claim is a request for payment of all past, present, and future losses and requires that you release defendants from further liability before accepting payment, if payment is offered.
The GCCF is supposed to give an answer within about three months of filing an Interim Claim. That answer may include an Interim Payment. The GCCF says that answer will also include an offer for Final Payment, if the GCCF adjusters believe they have enough information to make such an offer.
Claimants may continue to file Interim Payment demands once every three months. Regardless of whether a claimant receives an Interim Payment or a Final Payment offer, he will continue to have the option of accepting the Quick Payment unless and until he accepts a Final Payment offer and signs the required release agreement.
GCCF slow to pay claims against BP for businesses and individuals
Published: September 15, 2010
Each day, more clients at Aylstock, Witkin, Kreis & Overholtz tell us that payments for claims against BP have been slow, small and rare under the Gulf Coast Claims Facility, led by administrator Kenneth Feinberg.
Many of our clients tell us they have come to us for help because they have received no response at all from the GCCF. Even those who were receiving payments from BP before the GCCF was launched are now being told their claims are still under review, weeks after Feinberg took over. Many other clients have come to us for help in deciding when and how to file a claim, out of concern for starting their claim on the best possible footing.
Some clients tell us they believe the GCCF has no intention of paying any compensation for the claims they are still "evaluating." Our job as claimants' lawyers is to do everything possible to persuade the GCCF to process claims and make payments.
BP assured the public that the global oil corporation would pay all legitimate claims of losses caused by the BP oil spill in the Gulf of Mexico. That obligation remains, whether it is handled by BP or Feinberg, and the lawyers of Aylstock, Witkin, Kreis & Overholtz are going to hold BP to that promise.
At Aylstock, Witkin, Kreis & Overholtz, we are assembling claims for many different types of losses, from individual wage loss to corporate profit loss, property damage, and more. If you would like help in demanding fair compensation, contact the lawyers of Aylstock, Witkin, Kreis & Overholtz at 888-OIL-SPILL.
Many claims can be resolved quickly. Others will take more time. Some may require litigation. However, many, if not most, are expected to be resolved through the GCCF claims process and zealous, tough negotiations. At Aylstock, Witkin, Kreis & Overholtz, we are prepared to help at each step of the process, whether a claim has already been filed or not, and whether for individuals or businesses.
Published: August 10, 2010
On August 10, 2010, the Judicial Panel for Multi-District Litigation (JPMDL) in Boise, Idaho,
ordered the transfer of all cases pending in federal courts, except for the personal injury and/or
wrongful death claims brought by the workers on the Deepwater Horizon rig, to the
Eastern District of Louisiana. A copy of the order is available online.
AWKO law partner, Neil Overholtz, traveled to Boise and argued before the JPMDL for transfer of all cases to
Pensacola, Florida (Northern District of Florida).
Mr. Overholtz spoke on the topic after receiving word from the
JPMDL regarding the choice of New Orleans.
"We have seen BP begin to deny many claims and/or
short-changing many clients," Overholtz said.
"We look forward to the opportunity to hold BP accountable in a court of law
and will litigate before the court in New Orleans on all pre-trial matters. However, we are confident
that our Florida clients will have their claims fairly heard, whether in the Court in New Orleans or,
if and when the time comes, if BP hasn't taken full responsibility, in the Court in Pensacola after
we ask that our clients' claims be returned for trial."
Published: August 9, 2010
News reports say BP is delaying claim payments to avoid reports of "denials" of payments.
Apparently, BP officials are attempting to put off any denials of claims until the process is turned over to Kenneth Feinberg, the federally appointed administrator of the $20 billion compensation fund that the White House convinced BP to set aside.
BP's strategy, experts say, is to make Feinberg take the blame for all the claim denials.
"They don't deny them. They just hold them open forever," said Mississippi Attorney General Jim Hood.
If BP continues to use stalling and delaying tactics to avoid paying legitimate claims, local lawyers say their clients will be forced to file their claims in court and sue BP for damages.
Lawyers at Pensacola-based Aylstock, Witkin, Kreis & Overholtz were among the first to file claims against BP, including a class action suit to recover lost profits for Gulf Coast commercial fishermen.
Feinberg is scheduled to address the public in Pensacola on Tuesday, August 10, at 11:30 a.m. at the Conference Center on the University of West Florida campus.
Published: June 16, 2010
WASHINGTON - BP announced that the company is setting aside $20 billion to honor claims of damages and losses caused by the BP oil rig disaster in the Gulf of Mexico after intense pressure from President Obama in a four hour meeting today.
The $20 billion is not a cap on payments, which could greatly exceed that amount as claims are processed, cleanup progresses, and lawsuits are filed.
AP reports that the company’s “potential liabilities, including cleanup costs, victims’ compensation and civil fines, are breathtaking to consider — stretching far beyond the $20 billion fund.” Liability and payments beyond the voluntary payments may need to be determined by civil litigation in Florida, Alabama, Mississippi, Louisiana, and elsewhere. Lawsuits in each state allege negligence and other claims against BP and the other corporations involved in the disaster, including Transocean, Halliburton, and Cameron International.
BP also may be liable for civil penalties under a variety of environmental protection laws, according to Coast Guard Adm. Thad Allen. As many as 66,000 claims have been filed already, said Adm. Allen. Approximately $81 million has been awarded and 26,000 payments made, he said.
Tags: BP, bp-oil-rig, spill-fund Posted in BP Oil Spill Disaster
Wednesday, June 2nd, 2010
As the oil slick from the BP oil drilling disaster in the Gulf of Mexico nears the Florida coast and Pensacola beaches, lawyers say the legal issues are numerous and complex.
Experts currently estimate the oil slick damage will reach Pensacola Beach by June 5, if not earlier, severely damaging beaches known for having the whitest sand in the nation. Some analysts say the oil sheen could reach the Pensacola Bay area as early as June 2.
Meanwhile, lawyers in Pensacola and the entire region are working non-stop to stay ahead of BP defensive maneuvers that threaten to limit the amount BP will ultimately pay to those who have been hurt financially and otherwise.
Sources: USA Today (oil slick nears Florida; numerous legal issues) and Pensacola News Journal (oil to reach area as early as June 2).
Tags: BP, bp-oil-rig, cameron, florida, halliburton, oil-damage, pensacola, transocean Posted in BP Oil Spill Disaster | Edit | No Comments »
Thursday, May 13th, 2010
USA Today reports on BP oil spill threat to numerous businesses, of all types, along the Gulf Coast, discussing “tens of thousands of Gulf Coast business owners and workers whose livelihoods have been or could be hurt by the oil spill, which has defied efforts to be capped.”
From Louisiana to Florida, optimism and fear among hoteliers, fishermen and tour boat captains rises and falls with the wind, which pushes the massive slick in the Gulf of Mexico this way or that - toward their livelihoods or away from them. While the national economic impact is likely to be small, economists say, the oil slick could devastate the Gulf Coast tourism and the seafood industry that had expected a rebound to pre-Katrina health this summer.
“We hadn’t turned the corner yet. But we could see it. Now, it’s a little farther away,” says Richard Forester, executive director of the Mississippi Gulf Coast Convention and Visitors Bureau.
(Source: USA Today, May 12, 2010)
Tags: bp-oil-rig, cameron, gulf-coast, halliburton, transocean Posted in BP Oil Spill Disaster | Edit | No Comments »
Monday, May 10th, 2010
Experts are saying Florida is the state that will suffer most from the BP oil spill.
“This could stain Florida’s reputation for having beautiful beaches,” said senior economist Mark Vitner at Wells Fargo in Charlotte, North Carolina. “It may scare off some people from committing to conventions and vacations. Florida is clearly the biggest potential loser.” . . .
“We’ll watch sales taxes along the coast for signs of impact on tourism, such as restaurants, hotels and amusement venues,” said Amy Baker, the Florida legislature’s chief economist. “In the long term, there might be effects on property. You may see sales of property decline, as well as property taxes.”
(Source: Reuters, May 8)
Posted in BP Oil Spill Disaster | Edit | No Comments »
Sunday, May 9th, 2010
The BP oil leak appears to be five times worse than the latest numbers BP released, according to a university oceanographer who will speak at a public forum in Pensacola on Saturday.
The amount leaked daily is approximately 25,000 barrels, much more than BP’s estimate of 5,000 barrels per day, according to Florida State University biological oceanographer Ian McDonald.
An estimated 5,000 barrels (210,000 gallons/795,000 liters) have poured into the Gulf each day since the well ruptured. But Ian MacDonald, a biological oceanographer at Florida State University, said the estimate was much too conservative.
The real flow rate from the undersea well, based on aerial images of the oil slick and estimates of the thickness of the oil itself, is probably closer to 25,000 barrels (1.05 million gallons/4 million liters) per day, MacDonald told Reuters.
(Source: Reuters, May 8, 2010.)
McDonald is scheduled to speak Saturday in Pensacola Beach, at a free, public forum on the Gulf of Mexico oil leak. The forum is scheduled for 2 p.m., May 8, at the Hilton Garden Inn in Pensacola Beach. More information about the forum, and a live webcast feed, is available at 888-oil-spill.com. The forum is sponsored by the law firm of Aylstock, Witkin, Kreis & Overholtz, PLLC.
Posted in BP Oil Spill Disaster | Edit | No Comments »
Thursday, May 6th, 2010
Regulators in other countries require oil companies to install more than one “blowout preventer” on oil drilling platforms at sea. The failure of the single blowout preventer on BP and Transocean’s Deepwater Horizon oil rig led to the ongoing oil spill catastrophe in the Gulf of Mexico.
Christian Science Monitor reports on how big oil companies dominated U.S. regulators and took advantage of weak policies to increase corporate profits at the expense of U.S. citizens.
“Boosterism breeds complacency and complacency breeds disaster.” – House Energy and the Environment subcommittee Chairman Rep. Ed Markey (D) of Massachusetts, on Tuesday
(Source: Christian Science Monitor, May 6, 2010)
Tags: bp-oil-rig Posted in BP Oil Spill Disaster | Edit | No Comments »
Wednesday, May 5th, 2010
The AP is reporting that the chemical dispersant being used to fight the BP oil spill may have unknown effects on the environment, including sea life.
The chemicals being used are a new concoction that is not completely tested and understood. More than 150,000 gallons have already been dropped on the Gulf of Mexico oil spill, with much more planned.
Read more at awkolaw.com
The lawyers of Aylstock, Witkin, Kreis & Overholtz are already working on oil spill lawsuits, having filed one of the first oil leak class actions already.
(Source: http://www.nola.com/news/gulf-oil-spill/index.ssf/2010/05/chemicals_used_to_fight_gulf_o.html)
Tags: bp-oil-rig Posted in BP Oil Spill Disaster | Edit | No Comments »
Tuesday, May 4th, 2010
As the BP oil spill grows, fishermen, tourism businesses and landowners are bracing for what could be one of the worst environmental disasters in history, damaging property and commerce from New Orleans to Pensacola, and beyond.
A Gulf Breeze fisherman says he fears he could lose all revenue for the rest of the year.
Gov. Charlie Crist has declared a state of emergency for 19 counties. Current estimates show nearly 800 miles of Gulf coast property could be damaged by the BP oil spill.
(See http://www.northescambia.com/?p=16597 for more details.)
Lawyers in the Florida panhandle are already working on lawsuits and filing claims for business owners and residents.
Posted in BP Oil Spill Disaster | Edit | No Comments »
Tuesday, May 4th, 2010
White House Press Secretary Robert Gibbs said Monday afternoon that BP Oil is “absolutely” on the hook for the Gulf of Mexico oil spill cleanup as well as the financial injury to the seafood industry, and others who make their livelihoods in the gulf.
“If local fishermen can't fish, that’s an economic loss that BP is going to have to pay,” Gibbs told reporters. “That’s part of the law, absolutely. The economic damages that are incurred are part of the cost of this incident, absolutely.”
(Source: http://www.politico.com/news/stories/0510/36716.html)
Lawyers at Aylstock, Witkin, Kreis & Overholtz, in Pensacola, are prepared to help anyone affected by the oil spill in recovering what is owed for their damages or injury. (www.awkolaw.com)
Tags: bp-oil-rig, gulf-oil-disaster, white-house Posted in BP Oil Spill Disaster | Edit | No Comments »
BP Oil Spill Lawsuit
Published: May 1, 2010
PENSACOLA - Several class-actions lawsuits have been filed
by Louisiana seafood operators against BP.
The seafood operators claim the spill could affect the commercial seafood industry for several years
and are asking for millions of dollars in compensatory damages as well as punitive damages.
In addition, BP could be facing several wrongful death lawsuits from the families of the
11 missing rig workers, who are presumed dead.
The lawyers of Aylstock, Witkin, Kreis and Overholtz
are among Florida's leading
personal injury and wrongful death attorneys. They can help you obtain compensation if you or a
loved one has suffered as a result of the massive oil spill.
AWKO Law has successfully tried a number of
class action lawsuits against large corporations who have failed in their responsibility to inform
and keep the public safe. Contact the AWKO team at (888)OIL-SPILL to learn more about your right
for compensation.
Oil Spill in the Gulf of Mexico Expected to Reach the Coast of Several States
Published: May 3, 2010
PENSACOLA - A massive oil spill in the Gulf of Mexico is expected to adversely affect the coast of Louisiana
in the midst of what seems to be the worst environmental disaster in decades. An estimated 210,000
gallons per day has been leaking into the gulf after an oil-rig explosion last week, which caused
the oil rig to sink about two days after the blast. The Coast Guard called off its search for 11
missing workers the following day. BP, which operated the rig, has yet to take action to halt the
flow of oil leaking into the gulf.
In the
meantime, the government is calling it "a spill of national significance" that could threaten the
coastline in several states, including Alabama, Mississippi and Florida. In fact, the governors of
the affected states have declared a state of emergency for several counties along the coast.
President Barack Obama has ordered a shutdown of all offshore drilling and an immediate review of all
30 oil rigs in the area. National Guard teams and the Navy have been dispatched to Louisiana and the
Mississippi River Delta, where oil is expected to touch first.
BP, which has been leasing the rig from Transocean Ltd., claims that on more than one occasion a
device designed to prevent a blowout of the rig has failed to function properly and that it continues
to be an obstacle in stopping the spill. At this time, BP is asking Exxon Mobil, Chevron, Shell and
Anadarko for advice. BP is also asking the U.S. Defense Department and other government agencies
for help, better imaging technology and other resources to prevent any future explosions.
According to the latest data, oil that leaked from the rig site has spread over an area about 50
miles long and 80 miles wide. Millions of gallons are expected to be spilled into the gulf as
cleaning efforts continue. Federal and state officials fear that the disaster may surpass the
Exxon Valdez catastrophe, in which more than 11 million gallons of oil spilled into
Prince William Sound, Alaska, 20 years ago.
888-Oil-Spill
Call today to discuss how to file a claim and defend your rights.
www.oilleaklawsuits.com
For more information about the BP oil rig disaster and the rights of all those affected,
please visit Aylstock, Witkin, Kreis & Overholtz on:
|
BP Litigation Documents
To view and download documents related to the 2010 BP Deepwater Horizon oil rig
disaster and the related litigation, go to:
BP Litigation Documents
Oil Spill Legal News
| Judge moves settlement forward; new claims process starts June 4 The federal judge overseeing the massive BP oil spill litigation has granted the “preliminary approval” that was required to allow the recently announced settlement to proceed. Judge Barbier’s order provides a June 4, 2012, start date for the new claims … Continue reading → |
| BP settlement submitted to court The much-anticipated BP settlement terms have been submitted today to the federal court overseeing the BP litigation in New Orleans. This step paves the way for a new claims process, with more open and more generous terms for claimants. As … Continue reading → |
| BP: Quick Pay vs. Final Offer Many clients have been asking whether their GCCF determination letters are offering “final payment” or merely “quick payment” for their claims. This is an important question right now, because the answer determines whether the claimant can take advantage of the … Continue reading → |
| 2012 BP settlement changes options for claimants Because of recent court approval of preliminary agreements between plaintiffs’ lawyers and BP, former GCCF Administrator Ken Feinberg has been replaced by court-appointed administrators, who will continue to process claims under the old GCCF rules temporarily, but will soon implement … Continue reading → |
| BP settlement: immediate payments on Final offers While the final, court-approved agreement has not yet been reached, there is plenty of good news coming out of the BP litigation, including immediate payments to those who have GCCF Final Payment offers they have not yet accepted, without requiring a … Continue reading → |
| Halliburton destroyed key oil spill evidence, alleges BP In the ongoing legal battle between Gulf oil spill companies, BP is accusing Halliburton of purposefully destroying crucial evidence that would reveal problems with the cement slurry Halliburton put into the Deepwater Horizon well. BP asked U.S. District Judge Carl … Continue reading → |
| Coast Guard cites Transocean failures in BP Deepwater Horizon oil spill A new 288-page report by the U.S. Coast Guard focuses mainly on negligence by Transocean that caused the Deepwater Horizon disaster in the Gulf of Mexico on April 20, 2010. The report also describes failures by, among others, the Coast … Continue reading → |
| BP lost laptop with personal claim data A BP employee lost a laptop containing oil spill claims data for 13,000 Louisiana residents, including names, addresses, phone numbers, birth dates, and social security numbers. The BP laptop was not encrypted, even though industry standards say companies must do this to protect … Continue reading → |
| BP gives Feinberg a $4.8 million raise for 2011 BP is so impressed with Ken Feinberg’s ability to save BP money that the company gave him a raise of an additional $4.8 million for 2011. Although BP granted the raise on Jan. 15, 2011, Feinberg did not tell the … Continue reading → |
| April 20 deadline to preserve right to sue Transocean Anyone who suffered injury or financial loss from the BP oil spill must file a short form with the federal court in New Orleans if they want to preserve the right to sue one of the major defendants in the case, … Continue reading → |
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