Disenfranchised Citizen

Plaintiff Steering Committee Member

In an article published online last evening, David Hammer of the Times-Picayune called into question whether over 50,000 plaintiffs attempting to sue BP in the trial beginning February 27th would have their suits rendered ineligible for compensation because they didn’t try to get money from Feinberg’s Gulf Coast Claims Facility first.

He writes:

“The “presentment” issue could endanger 60 percent of them (court claims). In August, Barbier ruled that claims under the Oil Pollution Act of 1990 would have to meet presentment requirements – to seek redress from BP or its designee, Feinberg – to be eligible for compensation.”

Over 50,000 claims potentially knocked out before we even get started? Wait a minute, don’t these 50,000 plaintiffs have attorneys from the Plaintiff Steering Committee? Let’s assume more than a few of them do. Okay then, so what happens if all 50,000 of these legal claims are thrown out of court by Judge Barbier, over half of all the private legal claims? On what basis did the members of the Plaintiff Steering Committee not advise their clients to go ahead and file with Feinberg first, just to get it out of the way? Hell, the claims wouldn’t have even had to be all that detailed, right?

Kind of a legal technicality sort of thing?

“Dear Ken, please send me fourteen dollars for lost wages, contracts, time, illness, etc…”

And then when Ken and the GCCF offers a nickel, the plaintiff turns him down and all done!

Legal requirement satisfied! On to the MDL!

Right, right?

Okay…well how about one more small question:

If 50,000 plus claimants get tossed out, this would seem to indicate that the Plaintiff Steering Committee could have been doing a much better job of steering the plaintiffs, so then shouldn’t they be forced to turn down the 6 percent that Feinberg is now holding back from claimants who actually do settle with the GCCF, all $650,000 dollars of it so far?

Because if you’re getting that 6% for claimants indirectly benefitting from your legal expertise and your legal expertise kinda blows, it would seem they should get their indirect money back…

It’s a thought.

Read the article:

Most BP plaintiffs may be ineligible for compensation

Have a nice day.

John Woo is bad-ass...

Recently, Judge Carl Barbier determined some historical items needed to be excluded from his courtroom to speed things up in the BP case, things like previous accidents, fines and commissioned reports, and man, that got me to thinking: when it comes to my job, what is it that slows me down, drags things out…

What is it that simply takes too long?

Easy…as an Adult Crisis Counselor, that would be suicide assessments…

Oh yeah, way too long and I should know, they’re a big part of what I do. I take calls from emergency room doctors and nurses, from local cops and local lock-ups, all requesting I come to the hospital, the home, the jail, the wherever to talk to whomever to determine just how much at risk of suicide they just might be.

And this process, it can really take a long time.

Too long for me, as after many, many years of doing this work, I’ve become increasingly concerned about efficiency. When I show up, I only want that moment’s immediate facts. Police involvement? Suicidal statements? A plan? An attempt? Did the person take pills, cut their wrists, or maybe they just threatened to do something drastic…Then and there, what did they do, what got me here today, tonight?

Least important is their history.

You see, getting their history just takes way too long. I don’t want to know if they tried suicide before. I don’t want to know if they see or have seen a psychiatrist, if they are taking medications, if they’ve been depressed, lost their job, their wife, their house, their dog, their parents, their health…whatever. You get the idea. Knowing the person’s history forces me to take into account their answers to countless questions, the asking if which eats up a lot of time.

Context and information? Completely overrated.

Just ask Judge Barbier…

He knows what I’m talking about.

Yeah, the Justice Department and the steering committee lawyers, they wanted to introduce information about British Petroleum’s horrible safety record, about the fifteen people who died at Texas City when the refinery exploded…or the previous fines the company received for clean water act violations in Alaska at Prudhoe Bay, you know, when they had the other oil spill…or all that shit that went down in Scotland. Death, injury, environmental impact and degradation…with BP, there are tons of this stuff ,but man, that kind of history, that kind of context…it just takes too long, too much time, a trial within a trial…and besides, how important to the Justice department’s allegations that BP was an unsafe company would demonstrating BP’s previous history of unsafe practices be?

I know, I’m shrugging my shoulders…

But it’s probably of the same magnitude as knowing whether the guy I saw in the emergency room last night had a history of suicide attempts. This guy, his wife called the cops and said he took an overdose of pills and the guy said his wife was lying. She also said he threatened suicide. He said he didn’t. She said he needed help. He said he just wanted to go home. She said he bragged about how he could fool everyone into thinking he was just fine and how when he got home he’d try it again. He said that was a lie.

Now, maybe it might have helped…a little…to know if this guy had attempted suicide before, had previous hospitalizations, emergency detentions, or to know whether he was depressed and why, or maybe to know if their was a previously completed psychological evaluation I might take a look at…

Hmm…maybe.

But, you know…Barbier decided he didn’t want to see the report from the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling and all the conclusions contained therein regarding fault, and similarly, I don’t need to see what some psychiatrist thought of my client’s mental health, or his history, or what such things might have to do with why he was sitting in that emergency room.

It’s all really just so many scattered details…details which would require me to ask way too many questions…questions that would take up way too much of my time.

Skip it. What could possibly go wrong?

I know it’s my job and all but I’ve kinda been on a John Woo film kick of late, and I don’t mean the mediocre John Woo flicks he did for American film companies. I mean the Chinese flicks…damned good, and besides, I just got back from New York last night and I’m kind of tired so context and history and patterns of behavior…overrated.

Maybe I’ll invite Barbier over to the office. We can watch Red Cliff, part one and two…it may be over four hours long, but with our streamlined approach to our work, we got time.

Read the article:

BP’s blemished safety record is off-limits in trial, judge rules

Have a nice day.

In the latest from the MDL litigation, Transocean, the owner of the Deepwater Horizon, alleged that their contract with British Petroleum, the leaseholder of the Macondo Well, had indemnified them against any liabilities for pollution underneath the surface of the Gulf, and also against any civil penalties under the Clean Water Act or punitive damages from being declared grossly negligent. British Petroleum, of course asserted otherwise, as did the US Department of Justice.

Well, yesterday Judge Barbier issued his rulings. He decided the contract did indeed clear Transocean from those damage claims occurring below the surface of the water, it is British Petroleum who will be the responsible party for pollution damages from the 4.9 million barrels that leaked directly from the Macondo Well. Barbier also ruled the contract did not shield Transocean from any liability for punitive damages should their company be declared grossly negligent, nor did it indemnify them from any potential civil penalties under the Clean Water Act.  

Transocean, of course, declared this ruling a victory, “This confirms that BP is responsible for all economic damages caused by the oil that leaked from its Macondo well, and discredits BP’s ongoing attempts to evade both its contractual and financial obligations. Transocean is pleased to see its position affirmed, consistent with the law and the long-established model for allocating risks in the offshore oil and gas industry…”

This only makes sense.

You see, BP was trying to skirt their responsibilities under the law and Barbier set them straight.

British Petroleum also felt themselves to be quite victorious, “Today’s ruling makes clear that contractors will be held accountable for their actions under the law. While all official investigations have concluded that Transocean played a causal role in the accident, the contractor has long contended it is fully indemnified by BP for the liabilities resulting from the oil spill. The Court rejected this view…”

This too only makes sense.

You see, Transocean was trying to skirt their responsibilities under the the law and Barbier set them straight.

And with spin factories so readily engaged, victory toasts were had all around.

Executives clapped lawyers on backs and lawyers hit speed dials to their favorite banking institutions to check account balances.

And with all these companies claiming all these victories over all these decisions, when the dust settled and the cheering finally dissipated into idle conversations about Super Bowls and stock options, it was almost kind of easy to forget that when it comes to this catastraphuk that unleashed 4.9 million barrels of oil after an explosion that killed eleven people, just how there really were no victories to be had here…

When it comes to the worst environmental disaster to hit the United States, British Petroleum had a hand in it, and so did Transocean, and for that matter so did Anardarko and Halliburton…and no matter how Barbier ruled yesterday, not one person from any of these companies has yet to spend a day in jail.

So yeah…Transocean claims victory. British Petroleum claims victory. Transocean calls British Petroleum liable and vice versa, yet eleven people are still dead while thousands of others still wait to be made whole, and all cheering aside, that’s something someone should be liable for…criminally.

Read the article:

Judge says Transocean will be shielded from paying pollution claims

Have a nice day.

Know what they call a grin like that?

The headlines, they be a coming…fast and furious out of the Gulf these days, especially in regard to pending litigation when it comes to that pesky MDL…

Back on December 28th, Judge Carl Barbier issued a ruling which required 4% of any settlement with BP or the GCCF to be deposited into a fund, which would then be used to pay attorneys in the plaintiff steering committee. This ruling set off a firestorm of complaints…from claimants involved with the GCCF to politicians concerned about the impact on coastal recovery funds to Louisiana’s very own Attorney General, Buddy Caldwell, who quickly staked out this position regarding said ruling:

“…Setting aside 4 percent of legal settlements could put money for the state’s environmental and economic recovery at risk, forcing the state to dip into its treasury to meet federal match requirements for environmental restoration projects. He also argued that diverting money from ecological projects to pay attorneys could violate federal environmental laws. He further said that forcing the state to work through the plaintiffs committee trampled on state sovereignty and could violate Louisiana’s ban on paying contingency fees to outside attorneys…”

But…faster than one can say personal integrity, Caldwell recently switched positions this past Tuesday, saying he now:

“…would support holding back 4 percent of state financial recoveries from the Gulf of Mexico oil disaster to fund the work of the committee of plaintiff attorneys at the helm of the litigation.”

And though his office would give no official explanation for why he switched, it has been noted that now…

“Caldwell will also assume a new higher-profile role in the consolidated litigation over the oil spill, and will join Alabama Attorney General Luther Strange as co-coordinating counsel for state interests.

Nice…is it just me, or is there an undeclared competition occurring in the Gulf between the various oil companies, judges, politicians, governmental agencies, attorneys and Feinbergs to see who can be the most vilified? Or are they just taking turns at this? Seems so…

Anywhoo, the headlines keep coming…

Morgan Stanley said today that British Petroleum may reach a settlement with United States for as much as $25 billion dollars from the Deepwater Horizon catastraphuk. This settlement would include civil charges, criminal penalties and fines under the Clean Water Act. On February 7th, BP will announce its fourth quarter profits and it is expected the settlement will occur shortly thereafter…yes, yes, yes…both British Petroleum and the Department of Justice appear to be weighing the odds of actually going to court and the risks involved, figuring that a quick settlement may be the safest bet…for them.

And still more…

Back at the MDL, Judge Barbier, continuing to make things up as he goes, has now decided the people settling with the GCCF will not have to set aside 6% of their settlement for the plaintiff steering committee fund. Originally, Barbier felt that this street gang of politically connected attorneys had done so much to help Feinberg’s GCCF process, they deserved a cut of the action, but apparently he took another look and realized that really, they hadn’t done shit, so they’re out of the claimants pockets…unless, the claimant was going for the best of both worlds by filing short forms in the legal process while also exploring their settlement options with the GCCF…they still gotta pay that 6%, even if they ultimately decide to take an offer from Feinberg.

But…stay tuned until next week to see if Barbier changes his mind again…

It could, and probably will happen…

Ahh….such is life in the Gulf…

Have a nice day.

A thirty-six hour marathon? Thank God...

A new study from the University of California-Davis shows a combination of sunlight and oil exposure can cause the “physical disintegration” of fish embryos. The process, called phototoxicity, was documented in the aftermath of the 2007 Cusco Busan spill which occurred when a tanker hit the Bay Bridge connecting San Francisco to Oakland.

From the La Times:

“This phenomenon had been observed in the laboratory, but had never been observed in the field, and there were even some skeptics out there wondering if this was just a phenomenon that people would see under lab conditions,” said Gary Cherr, director of the Bodega Marine lab. “One of the real take-home messages from our study was: yes, in fact, it definitely happens in the real world.”

As Stuart Smith points out, the study echoes countless observations from fishermen around the Gulf about depleted catches.

And obviously, if this did/is occurring in the Gulf, it will take that much longer for fisheries and the seafood industry to rebound.

Okay.

So, all that being said…here’s what really pisses me off about this.

In a perfect world, we would see a simple reaction to the news of such a study:

British Petroleum, alarmed for the welfare of the fishing industry in the Gulf Coast would hire scientists, free and clear from any restrictions of reporting and publication who would then work with government scientists operating free and clear of any political agendas to figure out if what’s described in this study is indeed occurring in the Gulf, and if so, immediately work together with input from the fishing industry to address this problem. In this refreshing climate, one that operates beyond political and litigious constraints and influence, the information would flow freely. The primary objective would be the protection and benefit of the environment, the people and seafood industries along the Gulf Coast, the same Gulf Coast which never asked for this fucking oil spill.

And because of this established, open climate, when the studies were released, they would be trusted.

Sigh…

Alas, this environment has never existed in the Gulf.

From day one, BP has operated on damage control while the government operated in the shadow of Bush’s disastrous response to Katrina, and the EPA, NOAA and FDA? Their functions have been utterly compromised by a decade of corporate and political influence and funding cuts.

The only truth to be had in the Gulf depends on which opinion you wish to adopt.

And none of this helps anybody but those who already have the resources, connections and influence to not need anymore help…and now this whole subjective line of shenanigans and bullshit is playing out in the MDL too…with double dipping attorneys, conflicts of interest and corporate bullying while the campaign contributions fly…

Fucking ridiculous…just read these:

Judge Barbier’s fee ruling in the Oil Spill MDL attracting more media attention. – Slabbed

Louisiana Attorney General wants ruling thrown out – Times-Picayune

Competing Conflicts of Interest cause Gulf Coast Claims Facility to suspend payments: A periodic report from the gutter where its all going down. – Slabbed

So…here’s what you got:

Running this show in the Gulf are the same people who’s agendas caused the problems in the Gulf: British Petroleum and their continuing poor safety record, the government and their continuing poor monitoring of oil platforms, insufficient testing of seafood, and willingness to let entire ecosystems disappear in the name of profit and/or deregulation.

Getting screwed in the Gulf: that would continue to be claimants involved with the GCCF, fishermen with little to catch being told by television commercials how well they’re doing, and frankly, the rest of the people in the Gulf Coast left to wonder if they’re going to get sick from contaminants, from seafood, and from Corexit…all because they are at the mercy of agendas they and their families don’t factor into.

And now, that legal system designed to be the fail safe, the protector, the last stop…it too shows signs of being influenced by the same bullshit agendas that have been played out across four states for over twenty months.

Swear to God, It’s almost enough to make one think that those fish embryos had it easy…

Their only agenda was death and dying.

Have a nice day.

Nov 7th? No...no, I meant December 30th...my bad.

Two days ago, Carl Barbier, the federal judge overseeing the Deepwater Horizon litigation decided that a gang of lawyers, so named the plaintiff steering committee, should benefit from a reimbursement fund, designed to pay them for the money they’re spending to sue BP on behalf of their clients. One of the many problems with this decision is this fund will not be paid for by British Petroleum, the originators of this whole oil spill catastraphuk, but from a 6% deduction from people who’ve settled, including claimants who went through Ken Feinberg’s GCCF, including claimants who didn’t even use the fucking lawyers.

Barbier reasoned the work of the plaintiff’s attorneys had been to the benefit of all claimants involved in the second catatraphuk to hit the Gulf, the aforementioned GCCF.

Barbier then wrote these deductions should be taken from all GCCF claims paid on or before November 7th…otherwise known as two months ago.

In response, Feinberg promptly suspended all GCCF payments until he got an explanation of just how the hell he was supposed to accomplish deductions from payments paid almost two months ago.

Judge Barbier was reportedly then informed that November 7th occurred the aforementioned two months ago, to which he promptly cursed his aides, turned red and hid in the bathroom until coaxed out by those same, aforementioned aides.

At this point, he then spoke to Feinberg on the phone and said he was just kidding about the aforementioned date of November 7th and what he meant to say was that 6% should be deducted from all claims paid on or after December 30th.

Feinberg then reportedly laughed aloud, and thanked Barbier profusely for stepping up and making such an ass out of himself, thus taking some of the heat off the “neutral” arbitrator and his client, British Petroleum.

And then Feinberg resumed payments from the GCCF…paltry as they may be.

So there you have it.

This update has been brought to you by Disgusted Inc.

Read the article:

GCCF resumes payments for BP catastrophe losses

Oh…and if you haven’t read this great article on the whole Barbier ruling and all the politics behind it…do yourself a favor and check out Slabbed for all the background on the lawyers and politicans influencing Barbier’s decision…’tis required reading:

Competing Conflicts of Interest cause Gulf Coast Claims Facility to suspend payments: A periodic report from the gutter where its all going down.

Have a nice day.

No oil on you, big guy...

So how was your New Year’s Eve?

For Ken Feinberg it was a splendid night at New York’s Metropolitan Opera House where he rubbed shoulders with wealth and celebrity, including Natalie Portman, J Christopher Flowers, Donald Tober and Eric Bogosian. The opera, Verdi’s “La Traviata” was reportedly a tremendous success and enjoyed by all.

Meanwhile…

Dan Ford, owner of Gulf Coast Tire and Automotive received notification that his claim was denied. Initially, he received $5000 dollars from BP for the months of June, July and August but when Feinberg took over the claims process, Ward stopped receiving payments. He went to his local claims office eight times over a three month period and was told each time his check would be ready within a week, until December 10th when he got a letter in the mail stating his claim had been denied.

“The frustrating part about it is they won’t give you any information,” Ward said. “They won’t tell you who is handling your claim. You can’t talk to a live individual. They just kept me in limbo for three months, total, and finally they said my claim was denied. I want to know why the claim was denied. Everything I gave them was actual financial data,” he added. “It was backed by our sales taxes. It was backed by our profit and loss statements…I’m a viable business. I’m 100 percent as far as that goes.”

Ward has continued trying to get a response, but all he’s received since is a form letter stating he could refile for an interim payment or a final payment. “I’m just wondering ‘what in the hell? Am I in the Twilight Zone?’ ” he said. “I’m just dumbfounded. I’ve got it all down on paper, my losses. I’ve got it to the penny.”

Meanwhile…

Plaintiff lawyers in a multi-district litigation have filed a motion urging US District Judge Carl Barbier to supervise public comments made by Feinberg, the neutral arbitrator, seeking “to ensure that communications with putative classmembers[sic] are neither confusing nor misleading…by all appearances,” the motion states, “Mr. Feinberg … seems indistinguishable from a defense attorney attempting to settle cases on behalf of BP.”

Meanwhile…

The mayor of Orange Beach, Alabama, Anthony Kennon still has questions about how closely Feinberg and BP may be linked, “He can proclaim independence as much as he wants,” said Kennon, whose community was hard hit by the oil spill. “The only thing that will show true independence is if he makes those people whole who were harmed by the oil spill. We have not been made whole by a long shot.”

Now, whereas typically I would not try to piss on somebody’s good time, especially not on New Year’s Eve, but when the entire claims process Feinberg is being paid $850,000 dollars a month to oversee has become such a catastraphuk of mis-communication, denied claims, paltry payouts and a general lack of transparency in all things involved, and this has in turn left people across the Gulf Coast going bankrupt, losing businesses, homes and intact families…well hell, even I might be inclined to question the sensitivity of a splendid night at the opera, nicely splashed across the society pages of the New York newspapers.

At the very least, maybe he could have invited Mr. Ford along to La Traviata, so during the intermission he could have explained why the GCCF denied his claim, especially when considering for the months of June, July and August, BP said yes.

And along those same lines…is Obama still enjoying his vacation in Hawaii?

Have a nice day.