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Response To U.S. Chamber of Commerce Position on the 5th Circuit Brief in the BP Oil Spill Settlement Appeal

Stephen J. Herman of the Plaintiffs’ Steering Committee, have penned an opinion in response to recent requests made by the U.S. Chamber of Commerce asking the U.S. Fifth District Court of Appeals to take into consideration when reviewing the “legitimacy” of BP claims. As the attorneys point out, ‘all businesses that present causation evidence that BP agreed would be required have, by definition, “legitimate” claims.” The response also points out the fact that BP agreed to an uncapped settlement, so no business’ recovery should affect any other business’ ability to recover equal or more in damages. This response addresses the arguments the Chamber makes by continuing to point out details of the settlement that was agreed upon by BP more than two years ago In addition, the response raises several questions, including:

Why did the Chamber refuse to disclose to the Court that some of its members and local chamber affiliates were actively pursuing claims in the Settlement Program?

Why is the Chamber favoring a foreign company over the interests of thousands of small U.S. businesses?

Doesn’t the Chamber believe that parties should be held to the terms of their contracts?

Doesn’t the Chamber believe that a company should stand by its word?

Click the link to see the April 21, 2014 Response To U.S. Chamber of Commerce Position in its 5th Circuit Brief.



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