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BP, to-date batting 0-7 in the courts in its seemingly egomaniacal attempt to renege on the company’s oft-stated “Commitment to the Gulf,” today hurled a Hail Mary to the United States Supreme Court. In its filing styled “Application To Recall And Stay Mandate Pending The Filing And Disposition Of A Petition For A Writ Of Certiorari To The United States Court Of Appeals For The Fifth Circuit,” BP asks the Justices, particularly Justice Scalia, who is the go-to guy for issues involving the 5th Circuit, to force the Settlement’s Claims Administrator, Patrick Juneau, to once again halt all payments to businesses and individuals harmed by BP’s Deepwater Horizon disaster. These are small businesses who were devastated four years ago by BP’s negligence, and are being devastated once again by the company’s brazen and dishonest attempt to have its cake and eat it to.

Since this case involves no issues of any real constitutional importance and no split among the lower courts (not to mention BP is on the wrong side of the law considering the unanimous Lexmark decision), the Supreme Court should act swiftly to deny BP this relief and order the immediate resumption of the payment program. To do otherwise would forever destroy the sanctity of contract by providing a clear game plan to tomorrow’s well-heeled tortfeasors on how to hoodwink plaintiffs, game the judiciary, and laugh all the way to the bank.

The fact that BP has gotten this far in its despicable escapade is already a black eye on the civil justice system. Alas, as BP hired gun and lead attorney Ted Olson told the 5th Circuit, “This appeal presents a straight forward question of contract interpretation.” Not exactly the stuff that should interest SCOTUS.


  1. Gravatar for Jim Murray

    No Steve I do not. I have hundreds of bp clients in my accounting practice, I want things to move like everyone else. I'm just asking questions and making observations based on past experiences within the court system.

  2. Gravatar for DAVID

    Why would BP file an emergency appeal to SCOTUS if Justice Scalia has not ruled on the stay of the mandate. Or did Justice Scalia refuse to make a ruling within the 7 days ordered by the 5th Circuit

  3. Gravatar for Odysseus

    2 Questions: In your opinion,

    a) Is there any validity to the contention being bandied about that Scalia & Alito should/must recuse themselves from this case because their children work for Gibson/Dunn?

    b) Much has been said about Edith Clement's conflict of interest. Any idea why plaintiffs' counsel didn't move to have her recuse herself, if, in fact, the conflict really exists/existed? She's the one who stirred up this mess.

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