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Fifth Circuit Issues Mandate to Lift Stay on BP Claim Payments; Will Not Delay Payments to Deserving Businesses any Further

The Fifth Circuit Court of Appeals today issued a mandate vacating the injunction that imposed a Stay on claim payments back on October 3, 2013.  This came only one day after BP’s motion to keep the Stay in place was denied by the same Court.

In a short response, the Fifth Circuit issued this mandate:  “The injunction prohibiting payment of the relevant claims is vacated.”

BP has been continuously shot down in its attempts to change the terms of the deal that governs the operation of the Settlement Program.   While it agreed to objective, transparent formulas backed by financial data to support economic loss claims, it has attempted to undue this reasonable and fair approach to claims processing in order to minimize its financial responsibility for the Gulf oil disaster.

BP has stated that it will request review by the Supreme Court, and is likely to seek a new injunction to try to stop payments yet again while the High Court considers whether to hear BP’s case.  BP’s appeals have been denied by the District Court, the 5th Circuit Court of Appeals, and the entire En Banc panel of the 5th Circuit, so we remain hopeful that the Supreme Court will follow the lead of three separate courts holding BP accountable.

We are optimistic that the Courts will continue to disapprove of BP’s legal and PR tactics, ending BP’s claims of victimization while thousands of businesses that were harmed through no fault of their own still await legitimate payments more than four years after the spill.

It’s time for businesses to be fully and fairly compensated.  Due to BP’s legal maneuvering, the window for submitting claims remains open, likely through Fall 2014.  We encourage all businesses to hold BP accountable for its actions and seek evaluation for a claim.


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