Oil Spill by the Oil Rig “Deepwater Horizon” in the Gulf of Mexico

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This litigation involves the explosion of the Deepwater Horizon oil rig on April 20, 2010 and the subsequent oil spill.

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A federal court (the U.S. District Court for the Eastern District of Louisiana) in New Orleans is overseeing litigation.

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The Defendants are BP, Transocean, Halliburton and other companies involved in the drilling of the Macondo Well, the operation of the Deepwater Horizon oil rig, or the oil spill response. The Plaintiffs are people, businesses, and government entities who were injured in the explosion, exposed to oil or dispersants, or suffered property damages, loss of income, or other economic losses as a result of the oil spill.

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No. There are some class actions filed within the Deepwater Horizon litigation, but the court has not considered or approved any class action.  Such consideration has been stayed (put on hold) by the Court, and will not likely occur until after the February 2012 trial. If and when a class action is approved by the Court, you will then be able to decide whether you want to be a “class member” or not.

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The trial will be held in February 2012.

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Transocean, the owner of the Deepwater Horizon oil rig, wants to limit what it has to pay claimants under Maritime law.  The Limitation proceeding requires all persons who have Maritime or State Law claims resulting from the oil spill to bring those claims against Transocean in one proceeding (the trial). In that proceeding, the Court is asked to decide whether Transocean can limit its liability (or what it is responsible to pay) under the law. Transocean is trying to limit damages to $27 million.

The Court will also determine other issues, such as the liability (if any) of Transocean, BP, and the other Defendants, whether some of the Defendants might be liable for gross negligence, and the allegation of fault between and among the Defendants. Gross negligence involves a reckless disregard for the safety of others, and may form the basis of a punitive damage award.

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If Transocean’s liability is limited, the Court will divide the money among people who have filed Claims in the Limitation, (which can be done through a Court-approved Short Form).

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If Transocean’s liability is not limited, then claimants who file Short Forms will be able to pursue claims for money damages against Transocean (and/or the other Defendants) depending on the findings of fault and/or gross negligence.

By filing a claim in the limitation proceeding, a claimant may be able to benefit from the findings of the Court in the February 2012 trial.

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The Court will decide whether Transocean, BP, Halliburton and the other Defendants are liable to the people who have filed claims. The Court may also consider “gross negligence” determinations. The Court will additionally decide the amount of fault between and among Transocean, BP, Halliburton and the other Defendants for the blow-out, explosion and fire on April 20, 2010, as well as for the resulting oil spill.

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Not Formally.  Your interests will be represented at the February 2012 Trial by attorneys appointed by the Court.  The Defendants may, at some point in the proceedings, request that you appear or provide testimony.

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There will be no specific money award to individuals during the February 2012 Trial. However, it is anticipated that the findings at trial will lay the foundation for damage awards, either through formal Court proceedings, or otherwise. If you do not file a claim in the limitation proceeding, your claim may not be able to benefit from these findings.

If you have questions rgarding the Limitation procedure or the February 2012 Trial, you should consult an attorney.

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It’s the deadline for filing a Short Form (or other Claim in Limitation) to preserve your right to recover money damages against Transocean. If you file a Short Form, certain elements of your claim will be included in the trial.

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If you don’t file a Short Form (or other Claim in Limitation) by April 20, 2011 you may give up your right to recover money damages from Transocean. There may be other procedural or practical effects on your rights.

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If you had a personal injury, loss of earnings, property damage, business loss, or other economic loss from the oil spill, you have rights that could be impacted by the result of the limitation proceeding.

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No. 

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Fill out the required information in the Short Form and mail it so that it is postmarked by April 20, 2011 to:

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The Short Form asks for information about your claim, but no documentation of loss or injury is required to file the form. 

If you have filed a claim with the Gulf Coast Claims Facility, documentation included in the claim will be made available to the Defendants, but will be treated as “confidential” by Order of the Court.

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No, but if you want any advice regarding your legal rights or about filing a Short Form, you should contact a lawyer.

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Plaintiffs’ Liaison Counsel, who have been appointed by the Court, will provide you with court filings that impose deadlines or otherwise affect your rights. You can also get important updates at the Court’s website, www.laed.uscourts.gov/OilSpill/OilSpill.htm which includes important dates, and copies of orders. In addition, the Court-appointed Plaintiffs’ Steering Committee (“PSC”) has a website at www.bpmdl2179.com that includes important orders, transcripts of status conferences before the Court and important dates and events.

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Yes.

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No. The Short Form is treated as your own individual case. A class action has not been approved in this case. Class proceedings have been put on hold, to allow the Court to address the February 2012 trial and other things. You may, at some point, have the opportunity to participate in a class action.

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Anyone who joins the federal lawsuit will:

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By filing the Short Form, you are considered to have intervened or asked to participate in the master lawsuit.  After that point, it is up to you as to whether you want to pursue, or potentially dismiss, those claims.

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No.  If you have filed a claim with the Gulf Coast Claims Facility, documentation included in the claim will be made available to the Defendants, but will be treated as "confidential" by Order of the Court.  The Defendants, at some point in the proceedings, may seek additional information.

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In general, you must submit your claim along with supporting documentation to the Gulf Coast Claims Facility before you can sue BP under the Oil Pollution Act.  This is called “presentment.” 

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Congress passed the Oil Pollution Act of 1990 in response to the Exxon Valdez spill. It permits the recovery  of certain types of damages resulting from an oil spill.  Prior to OPA, certain types of claimants with damages were excluded from recovering those damages by certain Maritime law. Under OPA “fault” is not an issue. OPA requires the Coast Guard to designate a responsible party (or parties).   In this case, the Coast Guard designated BP and Transocean.  BO has accepted that designation.  Under OPA, responsible parties are liable for certain types of proven damages. 

OPA also requires the responsible party to establish a claims process for victims to obtain compensation. BP is attempting to meet that obligation through its creation of the Gulf Coast Claims Facility.

A claimant who elects to file suit in Court can join their OPA claims with other claims they may have under State Law and/or the General Maritime Law.

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The Gulf Coast Claims Facility was created to fulfill BP's obligations to establish a claims process for individual and business claims in satisfaction of the  Oil Pollution Act of 1990. The litigation provides a way for claimants to make a claim for damages and other relief against BP, Transocean, Halliburton and other Defendants beyond what BP may or may not voluntarily pay through the GCCF.

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Yes.

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 When an OPA claim is not satisfied by the responsible party, the claimant can elect to either file suit in court or seek an appeal with the Coast Guard.  In the event that the Coast Guard recognizes the claim, it will be finded (subject to legal or other limits) by the Oil Spill Liability Trust Fund.

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Probably not.  The Coast Guard will likely take the position that you cannot seek an appeal for the damages sought in court during the pendency of the lawsuit.

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Visit the Court’s website, www.laed.uscourts.gov/OilSpill/OilSpill.htm, call 1-877-497-5926, or consult with a lawyer.

Several of the legal issues regarding the Limitaion proceeding, the February 2012 Trial, the Oil Pollution Act, the Short Form, presentment and preemption are complex and unsettled issues which are disputed by the parties and have not yet been determided by the Court.  If you have questions regarding these issues, you should contact your own attorney or consult with a lawyer of your choice.

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The April 20 deadline does not apply to a claim or action against BP and/or the other defendants that you may choose to file outside of the Limitation action. 

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The Clerk’s Office is moving as fast as it can to process a large number of claims.  Please be patient.  You will receive a confirmation once a unique number (“Doc Ref” No.) has been assigned to your claim. This number will be used to track your case.  

These websites will provide information on important motions, orders, status conferences, deadlines, and other events.  Both websites are updated regularly.

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There is nothing further for you to do at this time.  You will be notified of important deadlines or other events in the litigation.

These websites will provide information on important motions, orders, status conferences, deadlines, and other events.  Both websites are updated regularly.

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You have the right to consult with a lawyer before accepting a final settlement and signing a release with the GCCF.

A procedure is being established by the parties and the Court, and will be in place soon.

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Please call (877) 497-5926 or send an e-mail to: service@mdl2179plc.com.