BP to Pursue Certiorari; Claims Continue

The U.S. Supreme Court has declined a request from BP to block business payments while the oil giant appeals its 2010 Gulf of Mexico disaster settlement. The decision upholds the ruling by the Fifth U.S. Circuit Court of Appeals in New Orleans that, under terms of the settlement, businesses claiming damages from the undersea eruption need not prove direct harm. This ruling was the subject of an earlier LBN report. BP is now asking the Supreme Court to review the ruling itself.

Rick Kuykendall

Rick Kuykendall

Commentator Rick Kuykendall explains that BP was attempting to stop the claims process while BP applied for certiorari, something that is granted in less than one percent of the cases. The petition has not yet been filed, however. When a petition is finally filed, it will be considered by the entire court and not just by Justice Scalia, who is assigned to handle the Fifth Circuit. Kuykendall opines that BP faces an uphill battle in this “very extraordinary grant of discretionary review.” The Court does not have to take the case.

Should the Court take the case, Kuykendall suggests that Justice Scalia will not recuse himself from the consideration of the case should it proceed all the way to decision by the Court. The next docket will begin in October 2014.

Even if the Court grants certiorari, Kuykendall does not think that the claims process would be stopped.

Mr. Kuykendall is a principal in Kuykendall and Associates, LLC, in Fairhope, Alabama. He began his law practice over twenty years ago in Birmingham, Alabama with one of the most successful union side, labor law firms in the United States -- Cooper, Mitch, Crawford and Kuykendall. After becoming the managing partner in 1983, Rick presided over the firm’s evolution into a successful and powerful plaintiff/public interest law firm with a nationwide practice. Despite the firm’s rapid growth and financial success, Rick never allowed the firm to deviate from its core mission of helping those who needed it the most, despite the odds. The, provides online, on-demand, legal video content, provided by attorneys, law professors and others from around the world.  The Legal Broadcast Network is a featured network of the Sequence Media Group