Gulf Oil Spill

News & Analysis as of

Fifth Circuit Limits Pollution Liability

In a significant decision issued February 24, 2014, the Fifth U.S. Circuit Court of Appeals ruled that federal laws preempt state laws in the case of the 2010 Gulf of Mexico oil spill, because the event occurred in federal...more

BP Oil Spill Update

On April 18, 2012, BP Exploration and Production Inc. and BP America Production Company (collectively “BP”) entered into an economic and property damages class action settlement with the Plaintiffs’ Steering Committee in the...more

BP Loses Bid to Cancel Oil-Spill Settlement Agreement

The Fifth Circuit Court of Appeals has recently struck down BP’s request to cancel the settlement agreement it had arranged with the Plaintiff’s Setting Committee (PSC) in March 2012. BP’s effort to get this agreement, which...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

Judge Barbier Orders Response to BP’s Allegations of Fraudulent Oil Spill Claims

On August 5 BP requested that Judge Barbier order a temporary stop to payouts in settlement claims under the court supervised settlement. BP presented evidence of conflicts of interest for some lawyers working to administer...more

Health Care E-Note - September 19, 2013

In This Issue: - Many States Want More Oversight of Health Insurance Navigators - Insurers, Hospitals Argue Over Who Pays When Enrollees Default - ACA Increases Scrutiny of Doctors' Gifts, Payments - States...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

A Good Offense In Your Toxic Tort Claim Is Knowing The Defense

U.S. tort costs increased by 5.1 percent in 2010, according to the 2011 Update on U.S. Tort Cost Trends, published by Towers Watson. The BP Deepwater Horizon rig explosion and oil spill in April 2010 was the largest...more

5 Tips For Crafting An Airtight Settlement

David McMahon was quoted in an Aug. 8, 2013, in a Law360 article, 5 Tips For Crafting An Airtight Settlement, (subscription required) about the petroleum company BP's court fight over settlement payments connected to the...more

Tools of the Trade: BP Case Shows Advantage of Pretrial Motions

In Brief - A recent defense victory related to the BP oil spill exemplifies the smart use of a pre-trial motion in limine. - Trial counsel should use motions in limine to exclude irrelevant and inflammatory...more

Health Care E-Note - June 19,2013

In This Issue: - FTC Hospital Merger Investigation Highlights Cost of Health Care - Survey Finds Doctors Warming to Health Information Exchanges - Health Insurance Markets Seeing More Competition from New...more

Gross Negligence The Focus Of BP Oil Spill Post-Trial Briefing Order

Gross negligence is a focus of post-trial briefing orders in the BP oil spill litigation. After weeks of testimony, and dramatic “reveals” of newly discovered evidence that had been hiding in labs for years, the Phase...more

Alabama Legislative Update – Week 12: Gun Bills, Budgets and Medicaid

Last week, legislators turned their attention to the weightiest and most controversial issues, including debate and passage of several gun bills. Now, with only three legislative days remaining, both budgets will take...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

Insurers Should Re-Examine Additional Insured Liability Coverage Wording in Light of BP Oil Spill Decision

What you need to know: The US Court of Appeals for the Fifth Circuit ruled that the insurance policy, rather than the indemnity provision of an underlying service contract, determined whether BP was an additional insured for...more

BP Settlement Claim

After years of litigation, BP Exploration & Production, Inc. and BP America Production Company (collectively, "BP") entered a class-wide settlement ("BP Settlement") that covers most businesses located in the Gulf Coast...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

Weekly Brief: 78% of Law Schools Ignore ABA Rule [Video]

March 7 (Bloomberg Law) -- Bloomberg Law's Lee Pacchia runs through the legal news for the week. New testimony at the BP oil spill trial in New Orleans focuses on a key safety test taken shortly before the accident. Also,...more

Patton Boggs Insights - December 2012: Litigation/Courts: Louisiana Woman Indicted For Impersonating Inspector

A Mississippi woman allegedly seeking to fraudulently exploit the 2010 Deepwater Horizon disaster for personal gain was indicted in New Orleans in September. ...more

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