NEW ORLEANS – BP says it will seek a Supreme Court review of the Fifth Circuit court’s decision not to re-hear the company’s appeal as to how business claims are paid as part of its multi-billion dollar settlement agreement.
Earlier this week the appeals court’s decision was hailed as a “major step” by the court-appointed claims administrator Patrick Juneau. Some had hoped that the claims would soon resume being paid, but the appeal likely delays that for now.
BP said Wednesday that it would seek the Supreme Court review and ask the Fifth Circuit not to issue its mandate that claims be settled under the terms of the previous agreement, which said a mathematical formula was sufficient to determine if losses suffered after the oil spill really came from the spill, regardless of whether they might have actually been caused by other factors.
“No company would agree to pay for losses that it did not cause, and BP certainly did not when it entered into this settlement,” said a statement from the company. “BP will continue to fight to return the settlement to its original, explicit, and lawful purpose – the compensation of claimants who suffered actual losses due to the spill.”
But as WWL-TV has reported, the court record clearly shows that BP did, in fact, agree to pay so-called "false positives" when claimants pass the mathematical formula for economic losses and recovery, even acknowledging hypothetical examples of losses that we're not directly caused by its 2010 oil spill.