The U.S. Supreme Court denied an application from British Petroleum for a stay of the Fifth Circuit’s mandate that BP must pay business economic loss claims during the pendency of the appeal. [This appeal was the subject of a previous LBN report.]
Commentator Rick Kuykendall opined that today’s ruling will help to boost the public’s confidence in the integrity of the process. The most significant aspect of the ruling was that Justice Scalia referred the decision on BP’s motion to stay to the full Court rather than ruling on it by himself. The Court’s action will let claims proceed.
Today’s action was not related to certiorari. Kuykendall suggested that BP will probably proceed with an attempt to overturn the ruling of the Fifth Circuit. But in the meantime, all the affected parties along the Gulf of Mexico can pursue payment of their claims for business economic losses. Payments have actually started. The subject of today’s ruling by the Court was BP’s effort to stop the process. The situation is complicated somewhat by a change in the methodology for the evaluation of the claims. Still, the process is continuing.
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.