Kaufman & Forman, P.C.
  • Attorneys
    • Kaufman, Robert J.
    • Kaufman, Alex B.
    • Forman, Jordan B.
    • Treco, Matthew D.
  • Practice Areas
    • General Law & Litigation
      • Breach Of Fiduciary Duty
      • Family Law
      • Personal Injury
        • Motorcycle Accidents
        • Pedestrian And Bicycle Accidents
      • Predatory Lending & Foreclosure Practices
      • Real Estate Litigation
    • Banking & Finance Law
    • Business Litigation
      • Appellate Practice
      • Business Torts
    • Corporate & Business Law
      • Asset Purchase Agreements
      • Business Organization
      • Mergers & Acquisitions
      • Outside General Counsel
    • Employment Law & Litigation
      • FLSA Class Actions
      • FLSA Issues For Employees
      • FLSA Issues For Employers
      • Noncompetition and Restrictive Covenant Agreements
      • Policy Manuals Employee Handbooks
    • Franchise Law & Litigation
      • Dealership And Distribution Law
      • Franchise Litigation
    • Government Relations & Regulatory Matters
      • Administrative Law And Regulatory Compliance
    • Intellectual Property Law & Litigation
      • Computer Fraud and Abuse Act
      • Copyright Infringement
      • Copyright Litigation
      • Patent Infringement
    • International Business Litigation
    • Securities Arbitration & Litigation
      • Securities Violations & Investment Fraud
      • Securities Arbitration
  • In The Community
  • Representative Cases and Clients
    • Fres Co System U-S-A Inc vs Bodell
    • Howard Litsky v GI Apparel Inc
  • Articles
  • Blog
  • Contact
Select Page

Settlement of class action business litigation challenged by BP

On behalf of Kaufman & Forman, P.C. | Feb 3, 2014 | Business litigation |

Nearly everyone in Georgia heard about the BP oil spill in the Gulf of Mexico in 2010. In Dec. 2012, a United States District Court judge certified a class in business litigation filed on behalf of those harmed by the oil spill who may be eligible to participate in a settlement brokered between BP and plaintiffs which was also approved by the judge. When BP appealed the certification and the district court’s approval of the settlement to the U.S. 5th Circuit Court of Appeals, the district court’s ruling was upheld.

Now, BP recently filed for a rehearing of its appeal with the entire panel of judges, saying that the three-member panel that upheld the lower court’s decision erred. BP contends that the class certification includes many people who were not actually harmed by the oil spill. This would mean BP paying out millions of dollars the plaintiffs say BP failed to take into consideration when it settled.

BP further claims that the settlement’s administrator misinterpreted the terms of the settlement and could potentially cost BP millions of dollars it should not have to pay. A different panel of judges from the appeals court did order the court administrator to change the way he determines some of the damages sought by businesses. In Dec. 2013, the settlement administrator told BP that businesses did not have to sustain losses directly from the oil spill in order to recover damages under the settlement.

BP says the ramifications to class actions suits could be significant if the ruling is once again upheld. Whether the court will agree remains to be seen. As many Georgia business owners know, business litigation can be complex. When a business is unhappy with a ruling as BP is in this situation, the company may appeal to a higher court to overrule a lower court’s decision. However, as with any trial litigation, filing an appeal involves the risk of the lower court’s decision being bolstered by an affirmation from an appellate court.

Source: Miami Herald, BP seeks rehearing in oil spill settlement dispute, Michael Kunzelman, Jan. 21, 2014

  • Facebook
  • Twitter
  • LinkedIn

Recent Posts

  • Effects of China tariffs on small business
  • 3 tips for protecting a trade secret
  • Six factors to consider when buying a business
  • Study ranks states on potential to survive a 2020 recession
  • Know your choices when you start a new business

Archives

  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • March 2014
  • February 2014
  • January 2014
  • December 2013
  • November 2013
  • October 2013
  • September 2013
  • August 2013
  • July 2013
  • June 2013
  • May 2013
  • April 2013
  • March 2013
  • February 2013
  • January 2013
  • December 2012
  • November 2012
  • October 2012
  • September 2012
  • August 2012
  • July 2012
  • June 2012
  • May 2012
  • April 2012
  • March 2012
  • February 2012
  • January 2012
  • December 2011
  • November 2011
  • October 2011
  • September 2011
  • August 2011
  • July 2011

Categories

  • blog
  • Business & Commercial Law
  • Business Formation & Planning
  • Business litigation
  • Contract Disputes
  • Employment Law
  • Entrepreneurs
  • Franchising
  • Intellectual Property
  • Sales & Dissolutions
  • Uncategorized
  • Wage & Hour Disputes

RSS Feed

Subscribe To This Blog’s Feed

FindLaw Network

Partner With An Award-Winning Legal Team

Discuss Your Legal Needs

Robert J. Kaufman, Esq. & Alex B. Kaufman, Esq

Connect With Us

REVIEW US

Robert J. Kaufman, Esq. & Alex B. Kaufman, Esq.

8215 Roswell Road
Building 800
Atlanta, GA 30350

Phone: 770-390-9200
Fax: 770-395-6720
Map & Directions

Fox Rothschild LLP

999 West Peachtree Street NE
Suite 1500
Atlanta, GA 30309

Phone: 404-962-1000
Fax: 404-962-1200
Map & Directions

Robert Kaufman and Alex Kaufman have been selected as 2013 top-rated lawyers in commercial litigation as published in the May and December 2013 issues of The American Lawyer & Corporate Counsel.

*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories — legal ability and general ethical standards.

© 2019 Kaufman & Forman, P.C.. All Rights Reserved.

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters