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BP Business Economic Loss Claim Appeal 2017-1002: BP’s Incessant Complaint’s About Implausibility of Nexus of Spill and Harm Are “Increasingly Tiresome”

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The following is an Appeal Panel Decision issued pursuant to Section 6 of the BP Deepwater Horizon Economic & Property Damages Settlement Agreement and the Rules Governing the BP Appeals Process. Links may have been added to assist the reader. The original decision may be found here, as well as a glossary of BP Settlement terms

BP appeals a BEL award to a Baton Rouge, La neonatal medical practice on a single, and increasingly tiresome, basis. Asserting totally out of context that the U.S. Fifth Circuit in prior decisions construing the Settlement Agreement somehow has sanctioned the questioning of claims whose claim forms attest to “implausible and
suspicious” connection between damages sought and the subject Spill, BP assails the aforesaid attestation by a neonatal medical practice. In support, BP resorts to arguing that Claimant’s variable profit actually was higher in 2010 than in 2009, in apparent corporate amnesia of its repeated acknowledgement that such “false positives” were well within the ambit of the agreement it assented to. This appeal, bordering on the frivolous, is no different from a disturbingly increasing volume of such appeals that attempt to resurrect an “alternative causation” theory that has been uniformly rejected both by this panel and the supervising courts.

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