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Judge Barbier Denies BP’s Clawback Attempt


Judge Barbier ruled this morning that BP’s attempt to seek repayment from spill victims was barred by the language in the release that all claimants must sign before cashing their checks. The release, which is pages long, reads in pertinent part:

” … it is possible that the terms of the proposed settlement may change in the future — for better or for worse — as a result of further legal proceedings. However, if you sign this Individual Release, none of those uncertain future events will affect you.”

This is yet another example of BP’s classic hairsplitting.


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  1. Kim Lirette says:
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    How about the one that got screw with Quick Pay in seafood business. Tell you gone paid four times our loss then stick us with their quick pay scheme. Now we OPT out what up on this part how will this affect us opt out. because they sure did screw us poor fishermen with their LIES. Can anyone give us a feedback can we still come back on them LIARS!!!

  2. J. Johnson says:
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    Interesting if that was cited by Barbier, for the release forms safeguarding a claimant from any future legal proceedings revolve not around whether a claimant was paid but around whether or not the release forms were signed. But, let’s not let the text actually get in the way of things. Take a guess as to what has become of the claimants who had their releases signed and were awaiting payment as of October 3, 2013.

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