Mary Fabre LeVine, Esq.
Business Litigation
On May 28, 2014 the United States Court of Appeals for the Fifth Circuit vacated the October 3, 2013 injunction which had imposed a stay on BP oil spill claim payments. The Court’s mandate stated: “The injunction prohibiting payment of the relevant claims is vacated.”
District Court Judge Carl Barbier promptly followed-up with an Order directing the Claims Administrator to resume payments ordering: “[t]hat the injunction regarding BEL (business economic claims) claims is DISSOLVED & VACATED. The Claims Administrator is instructed to resume the processing & payment of claims in accordance with the terms of the Settlement Agreement.” These steps by the Courts came only one day after BP’s Motion to keep the Stay in place was denied by the Fifth Circuit Court of Appeal.
Jenifer S. Schembri, Esq., Estate Planning, Florida Board Certified in Tax Law
Although the Courts have rejected BP’s efforts to change the terms of the Settlement it agreed to, BP continues to try all available avenues to stop the settlement and related payments on the claims from being paid. On May 29, 2014 BP filed with the Supreme Court an “Application to Recall and Stay Mandate Pending the Filing and Disposition of a Petition for a Writ of Certiorari.” BP’s objective is to try to secure a new injunction to abate payments while the High Court considers whether to hear its application. It is considered unlikely the Supreme Court will accept this Application.
If you have not yet submitted a BP Oil Spill claim you may still do so. The window for submitting claims remains open likely through Fall 2014. We encourage all businesses which may have an interest in pursuing a claim to contact us. Please contact Mary LeVine at mlevine@blalockwalters.com or call Mary LeVine or Jenifer Schembri at 941-748-0100 for a free consultation.
