Late this afternoon BP was handed yet another setback in a long line of courtroom rejections of the company’s “nonsensical” position relating to the implementation of its own Settlement Agreement. The 5th Circuit Court of Appeals had previously ruled against BP on both the propriety of the certification of its class action settlement as well as the so-called “causation” element. The 5th Circuit, along with the lower court and the settlement program’s Claims Administrator, have now definitively held, on numerous occasions, that BP must abide by the clear terms of the Contract it negotiated and signed. To do otherwise was rightly recognized as outrageous.
While I will have more commentary on these significant developments tomorrow, here are the opinions in the appeals, with curiously strong dissents by Judge Edith Clement.
As a plaintiff attorney, Tom Young has been at the forefront of some of the Nation's worst disasters. In 2015, he was judicially appointed to represent over 200,000 plaintiffs in an allocation proceeding involving a $1.24 billion settlement with Deepwater Horizon contractor Halliburton and rig owner Transocean. Currently, he's focused on representing numerous communities across the country that have been ravaged by the opioid epidemic and are now seeking damages from drug manufacturers and distributors.