Emerging Issues Law Community Gulf Oil Spill Information Hub

Oil Spill MDL Judge Approves Transocean's $1 Billion Settlement Agreement

andrew.dilworth@lexisnexis.com (Shane Dilworth) — Tue, 19 Feb 2013 16:56:00 -0400

NEW ORLEANS - (Mealey's) The federal judge in Louisiana who is overseeing litigation arising from the April 2010 explosion of the Deepwater Horizon oil rig and ensuing oil spill in the Gulf of Mexico on Feb. 19 approved Transocean Deepwater Inc. and its affiliates' agreement to pay $1 billion in civil penalties to resolve claims brought by the federal government under the Clean Water Act (CWA) (In re: Oil Spill by the Oil Rig "Deepwater Horizon" in the Gulf of Mexico on April 20, 2012, MDL 2179, E.D. La.).

(Judgment available. Document #08-130315-005X.)

In re: Oil Spill by the Oil Rig "Deepwater Horizon" in the Gulf of Mexico on April 20, 2012, MDL 2179, E.D. La.).

The agency said the $400 million in fines and criminal penalties are the second largest environmental crime recovery in U.S. history, behind the $4 billion BP Exploration and Production Inc. agreed to pay in connection with

Judge Accepts BP's Guilty Pleas, Agreement To Pay $4.5 Billion In Penalties

andrew.dilworth@lexisnexis.com (Shane Dilworth) — Tue, 29 Jan 2013 16:58:00 -0400

NEW ORLEANS - (Mealey's) A federal judge in Louisiana on Jan. 29 approved BP Exploration & Production Inc.'s offer to plead guilty to 11 counts of manslaughter and pay $4.5 billion in criminal penalties for its role in the explosion of the Deepwater Horizon oil rig on April 20, 2010, and ensuing oil spill in the Gulf of Mexico, sources told Mealey Publications (United States of America v. BP Exploration & Production Inc., No. 12-cr-292, E.D. La.).

U.S. Judge Sarah Vance of the Eastern District of Louisiana approved the agreement after reviewing statements from relatives of workers who died when the Deepwater Horizon exploded following a blowout from the Macondo well and briefs from the oil

The Donovan Law Group: BP Oil Spill: Reply to PSC's Response to the Open Letter Dated Dec. 21, 2012

FC-RealEstate@placeholder.com (LexisNexis Emerging Issues Law Community Staff) — Sat, 19 Jan 2013 11:32:00 -0400

December 31, 2012

VIA Email

Mr. Stephen J. Herman
Plaintiffs' Liaison Counsel
Herman, Herman, Katz & Cotlar, LLP
820 O'Keefe Avenue
New Orleans, LA 70113

Re: Reply to PSC's Response to the Open Letter Dated December 21, 2012

Dear Steve,

I refer to the open letter, dated December 21, 2012, wherein I requested the PSC's answers to ten questions in regard to its representation of my clients and all similarly-situated BP oil spill and Gulf Coast Claims Facility ("GCCF") victims in MDL 2179.

You promptly responded, via email, by stating, "I respectfully decline to respond to your questions, which seem argumentative and disingenuous. To the extent you sincerely seek answers to the questions you pose, I invite you to review the numerous pleadings, transcripts and orders which are available on PACER."

As I have already

The Donovan Law Group: BP Oil Spill: An Open Letter to the MDL 2179 Plaintiffs' Steering Committee

FC-RealEstate@placeholder.com (LexisNexis Emerging Issues Law Community Staff) — Fri, 18 Jan 2013 16:16:00 -0400

December 21, 2012

VIA Email

Mr. Stephen J. Herman
Plaintiffs' Liaison Counsel
Herman, Herman, Katz & Cotlar, LLP
820 O'Keefe Avenue
New Orleans, LA 70113

Re: An Open Letter to the MDL 2179 Plaintiffs' Steering Committee ("PSC")

Dear Steve,

I am writing this open letter on behalf of my clients and all similarly-situated BP oil spill and Gulf Coast Claims Facility ("GCCF") victims.

Background

On August 10, 2010, the United States Judicial Panel on Multidistrict Litigation ("JPML") issued its Transfer Order (Rec. Doc. 1) wherein it clearly states:

"IT IS THEREFORE ORDERED that, pursuant to 28 U.S.C. § 1407, the actions listed on Schedule A and pending outside the Eastern District of Louisiana are transferred to the Eastern District of Louisiana and, with the consent of that court, assigned

Transocean To Pay $1.4 Billion To Resolve Claims Over Deepwater Horizon Incident

andrew.dilworth@lexisnexis.com (Shane Dilworth) — Thu, 03 Jan 2013 17:58:00 -0400

NEW ORLEANS - (Mealey's) Transocean Deepwater Inc. and the federal government on Jan. 3 filed a consent decree in which the company has agreed to pay $1 billion in civil penalties and $400 million in criminal fines and to plead guilty to environmental crimes to resolve claims stemming from the explosion of the Deepwater Horizon oil rig in April 2010 and the ensuing oil spill in the Gulf of Mexico (In re: Oil Spill by the Oil Rig "Deepwater Horizon" in the Gulf of Mexico on April 20, 2012, MDL 2179, E.D. La.).

(Proposed consent decree available. Document #08-130111-010X.)

Brian J Donovan

On October 22, 2012, the Plaintiffs' Steering Committee ("PSC") filed its "Reply Brief in Response to Objections and in Further Support of Final Approval of Economic and Property Damages Class Settlement" with the MDL 2179 Court wherein it makes the following incredulous statements:

(a) "The objectors and objections to the proposed Economic & Property Damages Class
Settlement largely support the fairness, reasonableness and adequacy of the Settlement Agreement with respect to the members of the Settlement Class."

(b) "Indeed, many of the 'objections' to the Settlement have

The Donovan Law Group: 200,000 BP Oil Spill Victims Illegally Excluded From Proposed Class Action Settlement

FC-RealEstate@placeholder.com (LexisNexis Emerging Issues Law Community Staff) — Thu, 27 Sep 2012 16:16:00 -0400

Plaintiffs File Motion to Nullify Each and Every Gulf Coast Claims Facility 'Release and Covenant Not to Sue'

By The Donovan Law Group

TAMPA, Fla. (September 24, 2012) - Plaintiffs Pinellas Marine Salvage, Inc., John Mavrogiannis, and Selmer M. Salvesen, on behalf of themselves and other Class Members of the Proposed Economic and Property Damages Class Action Settlement who are victims of the "Delay, Deny, Defend" strategy of Kenneth R. Feinberg, et al., have filed a 25-page Motion to Nullify Each and Every Gulf Coast Claims Facility ("GCCF") "Release and Covenant Not to Sue" with the MDL 2179 Court. The motion also requests the Court to vacate its Preliminary Approval Order [As to the Proposed Economic and Property Damages Class Action Settlement], Rec. Doc. 6418 dated May 2, 2012.

November 1, 2012.

It is important to note that these class action settlements do not actually provide for funds to be distributed to Class Members; they merely give BP oil spill victims the right to submit, yet again, a claim for economic and property damages and medical benefits.

Donovan Law Group: Is the BP Oil Spill Proposed Class Action Settlement Fair, Reasonable and Adequate?

FC-RealEstate@placeholder.com (LexisNexis Emerging Issues Law Community Staff) — Thu, 26 Jul 2012 17:27:00 -0400

Plaintiff Files Motion to Vacate Preliminary Approval Order

By The Donovan Law Group

TAMPA, Fla. (July 4, 2012) - On April 18, 2012, the MDL 2179 Plaintiffs' Steering Committee ("PSC") and BP filed their Proposed Settlement. The Proposed Settlement allegedly intends to resolve certain claims by private individuals and businesses for economic loss and property damage resulting from the "Deepwater Horizon Incident." The Proposed Settlement defines "Deepwater Horizon Incident" as the events, actions, inactions and omissions leading up to and including (i) the blowout of the MC252 Well; (ii) the explosions and fire on board the Deepwater Horizon on or about April 20, 2010; (iii) the sinking of the Deepwater Horizon on or about April 22, 2010; (iv) the release of oil, other hydrocarbons and other substances from the MC252 Well and/or the Deepwater Horizon and its appurtenances; (v) the efforts to

Donovan Law Group: How the BP Oil Spill Proposed Class Action Settlement Makes a Mockery of the Oil Pollution Act of 1990

FC-RealEstate@placeholder.com (LexisNexis Emerging Issues Law Community Staff) — Thu, 26 Jul 2012 17:21:00 -0400

By The Donovan Law Group

TAMPA, Fla. (July 5, 2012) - On April 18, 2012, the MDL 2179 Plaintiffs' Steering Committee ("PSC") and BP filed their Proposed Settlement. The Proposed Settlement allegedly intends to resolve certain claims by private individuals and businesses for economic loss and property damage resulting from the "Deepwater Horizon Incident." The Proposed Settlement defines "Deepwater Horizon Incident" as the events, actions, inactions and omissions leading up to and including (i) the blowout of the MC252 Well; (ii) the explosions and fire on board the Deepwater Horizon on or about April 20, 2010; (iii) the sinking of the Deepwater Horizon on or about April 22, 2010; (iv) the release of oil, other hydrocarbons and other substances from the MC252 Well and/or the Deepwater Horizon and its appurtenances; (v) the efforts to contain the MC252 Well; (vi) Response Activities, including the VoO Program; (vii) the operation

Donovan Law Group: Pattern of Collusive Unfairness Permeates Deepwater Horizon Proposed Class Action Settlement (Part II)

FC-RealEstate@placeholder.com (LexisNexis Emerging Issues Law Community Staff) — Wed, 25 Jul 2012 16:54:00 -0400

By The Donovan Law Group

TAMPA, Fla. (July 25, 2012) - On May 2, 2012, the MDL 2179 Court entered a Preliminary Approval Order [As to the Proposed Economic and Property Damages Class Action Settlement].

On July 13, 2012, Plaintiffs Pinellas Marine Salvage, Inc. and John Mavrogiannis filed a Motion to Vacate this Preliminary Approval Order.

The following is the second excerpt from this motion.

Click here

Donovan Law Group: Pattern of Collusive Unfairness Permeates Deepwater Horizon Proposed Class Action Settlement (Part I)

FC-RealEstate@placeholder.com (LexisNexis Emerging Issues Law Community Staff) — Tue, 24 Jul 2012 23:13:00 -0400

By The Donovan Law Group

TAMPA, Fla. (July 24, 2012) - On May 2, 2012, the MDL 2179 Court entered a Preliminary Approval Order [As to the Proposed Economic and Property Damages Class Action Settlement].

On July 13, 2012, Plaintiffs Pinellas Marine Salvage, Inc. and John Mavrogiannis filed a Motion to Vacate this Preliminary Approval Order.

The following is an excerpt from this motion.

BP Loses Bid to Transfer Lawsuit to Oil Spill Court

_____________________________

Tampa, Fla. (May 7, 2012) - The Judicial Panel on Multidistrict Litigation ("JPML") has ruled that the Kaminski v. BP, et al. lawsuit is not appropriate for inclusion in MDL 2179.

LITIGATION BACKGROUND

The Complaint

On April 20, 2010, an explosion and fire occurred aboard the mobile offshore drilling unit Deepwater Horizon. On the morning of April 22, 2010, the Deepwater Horizon sank resulting in a massive oil spill incident. Oil flowed from the Macondo well into the Gulf of Mexico unchecked for nearly five months

2 Settlement Agreements Related To Gulf Oil Spill Claims Get Preliminary Approval

christopher.bauer@lexisnexis.com (Christopher Bauer) — Thu, 03 May 2012 12:26:00 -0400

NEW ORLEANS - (Mealey's) The Louisiana federal judge overseeing the multidistrict litigation for claims arising from the explosion of the Deepwater Horizon rig and ensuing oil spill in the Gulf of Mexico gave preliminary approval for two separate class settlement agreements May 2, one resolving certain economic and property damage claims and one resolving certain medical claims stemming from the cleanup response effort (In re: Oil Spill by the Oil Rig "Deepwater Horizon" in the Gulf of Mexico on April 20, 2010, MDL 2179, No. 10-md-2179, E.D. La.).

(Preliminary approval of proposed economic and property damages class action settlement available. Document #77-120514-013R. Preliminary

Former Engineer For BP Arrested On 2 Counts Of Obstructing Justice In Gulf Oil Spill Probe

andrew.dilworth@lexisnexis.com (Shane Dilworth) — Tue, 24 Apr 2012 17:17:00 -0400

NEW ORLEANS - (Mealey's) The U.S. Department of Justice on April 24 announced that a former engineer for BP PLC was arrested for two counts of obstructing justice in the criminal investigation of the April 20, 2010, explosion of the Deepwater Horizon oil rig in the Gulf of Mexico for deleting text messages regarding the amount of oil flowing from the Macondo well following the accident (United States of America v. Kurt E. Mix, No. 12-47-MAG, E.D. La.).

(Complaint. Document #08-120511-002C. Mix affidavit. Document #08-120511-003X.)

Joint Motions Seek Preliminary Court Approval

NEW ORLEANS -- The Plaintiffs' Steering Committee (PSC) leading the litigation surrounding the 2010 BP Gulf Oil Spill announced April 18 that it has finalized its settlement with BP.

The PSC has filed for Class certification, and the Parties have jointly filed for preliminary Court approval for two separate Class settlement agreements - one resolving certain economic and property damage claims; the other resolving certain medical claims stemming from the response effort.

Generally, there is no cap on the amount BP will pay to the proposed economic and property damages Class

The Donovan Law Group: Engineer Who Created the Ideas to Control and Cap Macondo Well Blowout Files Lawsuit Against BP

FC-RealEstate@placeholder.com (LexisNexis Emerging Issues Law Community Staff) — Thu, 29 Mar 2012 16:41:00 -0400

Says BP Refuses to Compensate Behind-the-Scenes Engineering Mastermind

By The Donovan Law Group

TAMPA, Fla. - A lawsuit has been filed in state court in Florida against BP Exploration & Production Inc. and BP America Production Company. The 39-page complaint was filed on March 23, 2012 in the Circuit Court of the Sixth Judicial Circuit in and for Pinellas County, Florida by Tampa attorney Brian J. Donovan on behalf of Mr. Joseph F. Kaminski. The complaint alleges breach of implied-in-fact contract and unjust enrichment on the part of the defendants (Case No. 12-3623CI, Fla. Cir., Pinellas Co.).

Mr. Kaminski, a retired engineer who now devotes his time to his seven children and two

$7.8 Billion Settlement Of Gulf Oil Spill Claims Announced By BP

andrew.dilworth@lexisnexis.com (Shane Dilworth) — Mon, 05 Mar 2012 17:00:00 -0400

NEW ORLEANS - (Mealey's) BP PLC and plaintiffs in the federal multidistrict litigation court in Louisiana for claims arising from the explosion of the Deepwater Horizon rig and ensuing oil spill in the Gulf of Mexico reached an agreement on March 2 wherein the company would pay $7.8 billion to resolve claims seeking compensation for economic loss and personal injuries, the company announced (In re: Oil Spill by the Oil Rig "Deepwater Horizon" in the Gulf of Mexico on April 20, 2010, MDL 2179, Case No. 10-md-2179, E.D. La.).

(Order adjourning trial. Document #08-120309-016R.)

In re: Oil Spill By The Oil Rig "Deepwater Horizon" In the Gulf Of Mexico, On April 20, 2010, No. 10-2179, E.D. La.).

According to the press release:

BP estimates that

Start of Deepwater Horizon MDL Civil Trial Postponed to March 5

FC-RealEstate@placeholder.com (LexisNexis Emerging Issues Law Community Staff) — Mon, 27 Feb 2012 23:19:00 -0400

NEW ORLEANS - In a joint statement, BP and the Plaintiffs' Steering Committee (PSC) confirmed that the U.S. District Court for the Eastern District of Louisiana on Feb. 26 adjourned the start of the Deepwater Horizon Multi-District Litigation 2179 civil trial by one week, until Monday, March 5 (In re: Oil Spill By The Oil Rig "Deepwater Horizon" In the Gulf Of Mexico, On April 20, 2010, No. 10-2179, E.D. La.).

This adjournment is intended to allow BP and the PSC more time to continue settlement discussions and attempt to reach an agreement.

BP and the PSC are working to reach agreement to fairly compensate people and businesses affected by the Deepwater Horizon accident and oil spill

Louisiana Federal Judge Finds BP, Andarko Liable Under Clean Water Act For Gulf Oil Spill

andrew.dilworth@lexisnexis.com (Shane Dilworth) — Thu, 23 Feb 2012 16:02:00 -0400

NEW ORLEANS - (Mealey's) The federal judge in Louisiana presiding over litigation stemming from the explosion of the Deepwater Horizon oil rig and ensuing oil spill in the Gulf of Mexico held Feb. 22 that BP PLC and Andarko Petroleum Co. are liable for civil penalties under the Clean Water Act (CWA) because they are both owners of the Macondo well, from which the oil was being discharged (In re: Oil Spill by the Oil Rig "Deepwater Horizon" in the Gulf of Mexico on April 20, 2010, MDL 2179, Case No. 10-md-2179; United States of America v. BP Plc., et al., No. 10-4536, E.D. La.).

(Order available. Document #08-120309-003R.)

Deepwater Horizon Well Investor MOEX To Pay $90 Million To Resolve Gulf Oil Spill Claims

andrew.dilworth@lexisnexis.com (Shane Dilworth) — Tue, 21 Feb 2012 17:05:00 -0400

NEW ORLEANS - (Mealey's) MOEX Offshore 2007 LLC has agreed to pay $90 million to resolve liability and pay civil penalties under the Clean Water Act (CWA) to settle claims asserted against it by the government and five states over the explosion of the Deepwater Horizon oil rig and ensuing oil spill in the Gulf of Mexico, the U.S. Department of Justice (DOJ), U.S. Coast Guard and the U.S. Environmental Protection Agency announced Feb. 17 (In re: Oil Spill by the Oil Rig "Deepwater Horizon" in the Gulf of Mexico on April 20, 2010, MDL 2179, Case No. 10-md-2179, United States of America v. BP, Plc., et al., No. 10-4536, E.D. La.).

(here), Southern District of Texas Judge Keith Ellison, while granting the defendants' motion to dismiss certain of plaintiffs' allegations, denied defendants' motion to dismiss many of the allegations of BP