BP Back-pedal Compensation Oil Spill Damage Claims

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A U.S. federal appeals court has said that BP are allowed to review some of the damage claims people have asked for in connection to the 2010 Gulf of Mexico oil spill. 

BP have attempted to limit the amount of money they are required to pay out to victims as a result of the Deepwater Horizon drilling rig which killed 11 workers. 

The 5th U.S. Circuit Court of Appeals in New Orleans have helped BP lower the original $7.8 billion worth of claims to $10.3 billion. 

Reuters.com reports:

About $5.13 billion has been paid out so far to 63,597 claimants, according to a website maintained by claims administrator Patrick Juneau.

In its appeal, BP complained that rules adopted by U.S. District Judge Carl Barbier compromised its right to appeal awards he approved and which the company did not like to the 5th Circuit.

Writing for the appeals court, Judge Fortunato Benavides said BP deserved that right to appeal because it did not expressly waive it.

“Where a settlement agreement does not resolve claims itself but instead establishes a mechanism pursuant to which the district court will resolve claims, parties must expressly waive what is otherwise a right to appeal from claim determination decisions by a district court,” the judge wrote.

“The point at which a party seeks the district court’s discretionary review is the point at which further review by this court becomes a possibility.”

The 5th Circuit separately rejected BP’s appeal of awards to three non-profit groups. Lawyers for spill victims accused BP of appealing the awards as a means to relitigate the entire settlement.

Samuel Issacharoff, a lawyer for the victims, declined immediate comment.

BP spokesman Geoff Morrell said the company is pleased with the ruling on appeals of individual claims determinations.

BP is awaiting a decision from Barbier assessing penalties under the federal Clean Water Act over the spill.

London-based BP has already taken $43.8 billion in pre-tax charges for clean-up and other costs.

The cases are In re: Deepwater Horizon, 5th U.S. Circuit Court of Appeals, Nos. 13-30843, 13-31296, 13-31299, 13-31302.

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