Judge approves BP settlement classes

Judge Carl Barbier, citing FRCP 23, has given "preliminary approval" to two settlement classes proposed by BP an the Plaintiffs Steering Committee (whose fees BP will pay - at 6% of benefits paid with a cap of $600 million).  The hold-back order is effectively rescinded and converted into instalment payments made by BP as claims settle.  Unlike other class actions the plaintiffs will pay contingent fees to their attorneys.
There will be fairness hearings in November.  Members of the class may be heard there and may opt-out to pursue their remedies.
Introductory slideshow HERE
For an outline of the settlement see HERE  Other resources are on the BP page to the right

Order approving medical benefits class

"Compensation for the “Specified Physical Conditions” ranges from $900 to $60,700, as
determined by the “Specified Physical Conditions Matrix” (Exhibit 8 to the Proposed Settlement, Rec. Doc. 6273-10).  Compensation amounts are based on the class member’s status as a CleanUp Worker, Zone A, or Zone B resident; whether the Specified Physical Condition is acute or chronic; and the type of proof that the Class Member submits to the Claims Administrator.  All but the lowest compensation level may be increased if there was overnight hospitalization and/or actual hospital expenses.

Periodic Medical Consultation Program” is available to all Clean-Up Workers and
Zone B Residents, as well as Zone A residents that qualify for compensation for a Specified Physical Condition. 

There is also a " `Back-End Litigation Option' [that] provides a mediation/litigation process for class members that manifest a physical  condition in the future claimed to be due to exposure to oil and/or chemical dispersant.  Class members must elect between choosing relief under this option or any applicable workers’ compensation law".

Order approving economic and property damage class

Generally speaking, the geographic bounds of the settlement are Louisiana, Mississippi,
Alabama, and certain coastal counties in eastern Texas and western Florida, as well as specified adjacent Gulf waters, bays, etc.  Individuals must have lived, worked, owned property, leased property, etc., in these areas between April 20, 2010 and April 16, 2012.  Similarly, entities must have conducted certain business activity in these areas between April 20, 2010 and April 16, 2012.
The Proposed Settlement recognizes six categories of damage:
(1) Economic Loss (including individual loss of wages, business economic loss, multifacility business economic loss, start-up business economic loss, failed business
economic loss, failed start-up business economic loss)
(2) Property damage (including loss of use/enjoyment of real property, coastal real
property damage, wetlands real property damage, realized real property sales loss),
(3) Vessel of Opportunity (“VoO”) Charter Payment
(4) Vessel Physical Damage
(5) Subsistence Damage
(6) Seafood Compensation Program

As the Times Picayune notes "local, state and federal government claims -- the big-ticket civil items that could cost BP as much as $18 billion more -- remain unresolved.  And whole groups of private plaintiffs have been left out of this particular settlement, including those who suffered injuries in the Deepwater Horizon rig explosion; those in the gaming, banking, insurance and defense industries; those who catch or process menhaden or "pogy" fish; people and businesses not located in coastal zones between Galveston, Texas, and Key West, Fla.; and BP-brand service stations. "