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BP Oil Claims

COURT ORDER - Ken Feinberg is acting as an Agent of BP



By Nolu Chan March 7, 2011

In a court ORDER, Ken Feinberg has been found to be acting as an agent of BP, not as a neutral or independent mediator. The plaintiff had argued that Feinberg was indistinguishable from BP.

In re Oil Spill, 2:10-md-02179-CJB-SS, Document 1098, Filed 02/02/11

ORDER of U.S. District Judge Carl J. BARBIER:

At pp. 13-14:

Accordingly, IT IS ORDERED that the Motion to Supervise Ex Parte Communications with Putative Class (Rec. Doc. 912) is GRANTED IN PART,as follows: IT IS ORDERED that Defendant BP, through its agents Ken Feinberg, Feinberg Rozen LLP, and the Gulf Coast Claims Facility, and any of their representatives, in any of their oral or written communications4 with claimants, shall:

(1) Refrain from contacting directly any claimant that they know or reasonably should know is represented by counsel, whether or not said claimant has filed a lawsuit or formal claim;

(2) Refrain from referring to the GCCF, Ken Feinberg, or Feinberg Rozen, LLP (or their representatives), as “neutral” or completely “independent” from BP. It should be clearly disclosed in all communications, whether written or oral, that said parties are acting for and on behalf of BP in fulfilling its statutory obligations as the “responsible party” under the Oil Pollution Act of 1990.

(3) Begin any communication with a putative class member with the statement that the individual has a right to consult with an attorney of his/her own choosing prior to accepting any settlement or signing a release of legal rights.

(4) Refrain from giving or purporting to give legal advice to unrepresented claimants, including advising that claimants should not hire a lawyer.

(5) Fully disclose to claimants their options under OPA if they do not accept a final payment, including filing a claim in the pending MDL 2179 litigation.

(6) Advise claimants that the “pro bono” attorneys and “community representatives” retained to assist GCCF claimants are being compensated directly or indirectly by BP.

Here is a partial list of gulf coast businesses that qualify :

  • BP Claims for Condominium Owners
  • Cleaning Service Owners
  • Landscaping Company Owners
  • Boat Owners for Commercial Fishing
  • Marina Owners
  • Dock Owners
  • Pier Owners
  • BP Claims for Hotels
  • Boat Ramp Owners
  • Restaurant Owners
  • Bar Owners
  • Concrete Company Owners
  • Hotel Installation Business Owners
  • BP Claims for Property Owners/Managers
  • Owners of Transportation Companies
  • Commercial Painting Companies Owners
  • BP Claims for Property Value Loss
  • Construction Company Owners
  • Chiropractors
  • Dentists
  • Liquor Stores
  • Taxi Drivers
  • Limouzine Drivers
  • Florists
  • Vacation Home Owners
  • Antique Shops
  • Memorabilia Shops
  • Tour Business Owners

Not sure if your business fits? Contact Us!

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The perfect combination to a successful claim includes an attorney for legal representation, and a team of accountants, for presenting the financial facts to validate the amount submitted for payment by the firm. This perfect combination can result in the maximum settlement amount.