Deepwater Horizon

News & Analysis as of

Judge Barbier BP Attempt to Limit Clean Water Act Fines

On September 4, 2014, District Court Judge Carl Barbier issued his “Findings of Fact and Conclusions of Law – Phase One Trial” in the Deepwater Horizon oil spill litigation. In his 153 page opinion, Judge Barbier found BP...more

American Pipe Tolling Inapplicable In Texas Negligent Misstatement Case

The Southern District of Texas found that negligent misstatement claims filed more than two years after the last alleged misstatement were time-barred and that the applicable statute of limitations was not tolled under...more

Deepwater Horizon Oil Spill Legal Update: Judge Makes Findings of Gross Negligence and Negligence

While the Deepwater Horizon oil spill has largely disappeared from the news headlines, for the parties involved in the litigation, the legal machinations, particularly with respect to liability, have a long way still to...more

Texas Supreme Court oral arguments (9/14)

No. 12-0803 -- Texas Dep't of Aging & Disability Servs. v. Cannon -- The plaintiff brought a wrongful-death case against the department and department employees. The department moved to dismiss the employees, arguing that...more

Deepwater Horizon ruling puts focus on prevention

Last week’s decision by District Judge Carl Barbier exposes the UK-headquartered energy giant to up to $18bn in fines for the 2010 drillship incident because, under the same US laws that cover tanker spills, civil penalties...more

Trial Judge Concludes The Deepwater Horizon Spill Caused By BP’s Gross Negligence And Willful Misconduct

On September 4, 2014 the federal district judge overseeing the multidistrict litigation resulting from the Deepwater Horizon oil spill issued long-awaited rulings as to liability. The court concluded that BP is subject to...more

California Insurance Coverage Cases Raising Key Issues On The Horizon

This year, 2014, is lining up with interesting insurance coverage cases pending across the country which may lead to far reaching decisions. In California specifically, it is apparent to us that the Hartford Insurance...more

A Beach Vacation from the Longshore Act

In an unpublished per curiam decision, Global Management Enterprises, LLC v. Commerce & Industry Insurance Company, No. 13-31249, filed June 23, 2014, Judges Davis, Benavides and Prado determined that a worker who was injured...more

One Step Closer… Fifth Circuit Affirms BP Loss on CWA Liability Regarding Gulf Spill

The Deepwater Horizon spill in the Gulf of Mexico occurred over four years ago, accompanied by numerous stories trumpeting the fact that BP would likely pay as much as $25 billion to the United States in civil penalties...more

Damage Models Create Individualized Issues For Pre-Explosion Subclass Of BP Shareholders, But Present No Impediment For...

The Southern District of Texas recently denied certification of a subclass of BP shareholders who purchased shares prior to the Deepwater Horizon explosion and alleged that misstatements regarding safety improvements caused...more

Check Your Mail: BSEE Inviting All of Its Friends to Pay for GOM Decommissioning

In response to the April 20, 2010, Deepwater Horizon incident and under the auspices of the United States Department of Interior’s (DOI’s) “Idle Iron Policy,” the Bureau of Safety and Environmental Enforcement (BSEE) has...more

SEC Settles Insider Trading Case Tied to BP Oil Spill

The SEC filed a settled insider trading action against an employee of BP p.l.c. tied to the Deepwater Horizon oil spill in 2010. Specifically, the Commission claims that Keith Seilhan had material non-public information...more

Coast Guard Issues Proposed Regulations and NVIC Regarding Marine Casualty Reporting on the OCS

In the continuing regulatory response - even more than three years after the fact - to the DEEPWATER HORIZON disaster, the United States Coast Guard (USCG) has led off 2014 with proposed regulations that significantly change...more

Recent Developments in Additional Insured Coverage in Texas

As part of the ongoing insurance coverage dispute following the sinking of the Transocean offshore drilling unit Deepwater Horizon, the United States Court of Appeals for the Fifth Circuit has issued, and the Texas Supreme...more

Judge Barbier Responds To Court Of Appeals In Deepwater Horizon Litigation

On October 2, 2013, BP won a reprieve in its ongoing effort to tighten standards and slow claims payments by Claims Administrator Patrick Juneau. BP had asked the court to direct Mr. Juneau to halt payments that did meet...more

October 2013 Bonus Case Summaries: Louisiana: Guilty Plea to Destruction of Evidence Results in Soft Treatment

United States v. Halliburton Energy Services, Inc., No. 2:13-cr-00165-JTM-KWR (E.D. La. Sept. 19, 2013). In this criminal law case, the Justice Department accepted the defendant’s guilty plea for “unauthorized destruction...more

Deepwater Horizon Settlement Fine-Tuned By Fifth Circuit

The Fifth Circuit has taken steps to fine-tune the interpretation and implementation of the agreement BP negotiated to settle its massive liabilities arising from the April 2010 oil spill following the explosion of the...more

Hold On To Your Insurance … Federal Court Certifies Deepwater Horizon Questions To Texas Supreme Court

BP’s woes from the Deepwater Horizon disaster in the Gulf continue. The federal Fifth Circuit in In re: Deepwater Horizon, withdrew an opinion of a three-judge panel and certified questions for consideration by the Supreme...more

New Developments Involving the Deepwater Horizon Incident

The U.S. Court of Appeals for the Fifth Circuit reversed course on August 29th and withdrew its earlier opinion in a dispute involving Transocean Deepwater Drilling, Inc., Ranger Insurance, Limited, and BP, P.L.C., among...more

Energy Newsletter - June 2013

In This Issue: - TRANSACTIONAL: Corporate/London: - Shareholders' Agreements for LNG Midstream Projects - Upstream Developments – Latin America Foreign Exchange Controls in Venezuela Strangle...more

Negotiating Additional Insured Provisions in the Wake of the Deepwater Horizon Decision

Companies should re-examine their approach to additional insured provisions in their business contracts and insurance policies in light of the Fifth Circuit’s recent decision in In re Deepwater Horizon, 710 F.3d 338 (5th Cir....more

BP Unable To Block Oil Spill Claim Payments

On March 15, 2013, BP asked United States District Court Judge Carl Barbier, Jr. to block the Deepwater Horizon claims administrator from awarding “business economic losses” that BP contends are “fictitious” claims for...more

Fifth Circuit Reverses District Court in Deepwater Horizon Insurance Coverage Litigation and Grants BP Unlimited Access to...

On March 1, 2013, a three-judge panel of the United States Court of Appeals for the Fifth Circuit, in In re Deepwater Horizon, No. 12-30230, 2013 WL 776354 (5th Cir. March 1, 2013), held that BP PLC ("BP") can access...more

5th Circuit Holds Additional Insured Coverage Not Limited by Contract

In its March 1, 2013 decision in In re Deepwater Horizon, 2013 U.S. App. LEXIS 4512 (5th Cir. Mar. 1, 2013), the Fifth Circuit had occasion to consider the extent to which an insurer’s coverage obligations to an additional...more

TRANSACTIONAL: Corporate / London: The UK’s response to Macondo: Government response to independent review of UK offshore...

On 20 April 2010, Transocean’s Deepwater Horizon drilling rig working on BP’s Macondo well in the Gulf of Mexico exploded. The human tragedies, together with the environmental, social, and economic costs inevitably led the...more

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