Attorney Brian Donovan, with the Donovan Law Group in Tampa, Florida, believes Feinberg is simply doing what he is being paid by BP to do.
“He’s doing his job,” Donovan says. “Feinberg is a defense attorney representing BP. To think otherwise is being foolish. As a defense attorney, he’s doing a great job for BP. But they are saying ‘go with us, or sue us’.”
Donovan has written: “In lieu of ensuring that BP oil spill victims are made whole, the primary goal of GCCF and Feinberg is the limitation of BP’s liability via the systematic postponement, reduction and denial of claims against BP. Victims of the BP oil spill must understand that ‘Administrator’ Feinberg is merely a defense attorney zealously advocating on behalf of his client BP.”
And regarding Feinberg/BP’s no-sue clause:
Contrary to what Feinberg is telling claim applicants, according to Donovan, under the Oil Pollution Act (OPA) of 1990, a victim of the BP oil spill must first present a claim for damages to BP/GCCF and wait 90 days. If he or she is not paid, or accepts a lesser amount, that does not preclude the victim from pursuing future compensation. In addition, the GCCF/Feinberg requirement that a claimant sign a general release of all rights and claims is contrary to the OPA.
And regarding the inevitable:
While Donovan’s firm has been largely successful in assisting its clients in obtaining their settlements, he says: “I’m sure down the road we’re going to have to file suit. I don’t doubt that