Thursday, February 16, 2012

Most BP plaintiffs may be ineligible for compensation |

gulf_oil_spill_brown_whitecap.JPG Malpractice?  Sections 2713 and 2714 of the Oil Pollution Act of 1990 provides that claims shall "first be presented to the responsible party" - here BP Exploration's agent Gulf Coast Claims Facility - led by Kenneth Feinberg.  Judge Barbier - who is managing the multi district litigation - will have to decide whether that provision is jurisdictional - a condition precedent to suit, or a procedural requirement that can be remedied or avoided. 
In the B1 master complaint Order of August 26, 2011 the court held that presentment to the responsible party (BP, et al.) is a mandatory condition precedent to suit.  While he ruled on the states' claims Judge Barbier deferred dealing with the defense motions to dismiss the claims of the massive number of plaintiffs who did not first apply to the GCCF.  - GWC
Most BP plaintiffs may be ineligible for compensation | "More than half of the 110,299 private claimants suing BP in the huge trial set to begin in federal court Feb. 27 have never filed with claims czar Kenneth Feinberg, calling into question whether they are eligible for compensation. That's according to numbers released by Feinberg to U.S. District Judge Carl Barbier on Wednesday. "

'via Blog this'

No comments:

Post a Comment