BP oil spill litigation consolidated in New Orleans

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."

BP stalling claims payments so that Feinberg will take blame for denials

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.

Government convinces BP to set aside $20 billion to fund initial claims

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

BP Oil Spill Lawsuit

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

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.

For more information about the BP oil rig disaster and the rights of all those affected, please visit Aylstock, Witkin, Kreis & Overholtz on: