Co-Lead Counsel Responds To NY Times Columnist’s Critique Of BP Settlement
To the Editor:
Re “Sympathy for the Devil,” by Joe Nocera (column, Aug. 2):
Joe Nocera unfairly characterizes the settlement BP reached after its 2010 Deepwater Horizon oil spill. In order to treat all claimants equally and fairly, the settlement agreement — which BP for more than a year negotiated, co-authored, agreed to and sought court approval of — mandates the use of transparent, objective formulas to determine eligibility and compensation.
We take umbrage at Mr. Nocera’s description of certain claims as “bogus.” These are claims that the claims administrator, the district court, the United States Court of Appeals for the Fifth Circuit and even BP have all agreed are compensable under the terms of the settlement. As Judge Leslie H. Southwick of the Fifth Circuit wrote, “There is nothing fundamentally unreasonable about what BP accepted but now wishes it had not.”
The answer to the question that Mr. Nocera poses in his column — “What does it mean for a company ‘to do the right thing’ after an industrial accident?” — is simple: Honor your word. Abide by your contract. Do not break your promise to the entire Gulf region whose economy you devastated.
STEPHEN J. HERMAN
JAMES P. ROY
Plaintiffs Lead Counsel for plaintiffs in the BP/Deepwater Horizon litigation.
New Orleans, Aug. 5, 2014
Click to see the Letter to the Editor on nytimes.com
The U.S. Supreme Court declined a request from BP to halt payments to businesses hurt by the devastating 2010 oil spill. BP asked the Supreme Court to block payments while it tries to get the court to review the lower courts’ decisions upholding the settlement the company had already agreed to, but the highest court in the land refused to block claim payments.
For the entire story, please read the following Washington Post article:
The FDA is investigating heart-related illnesses in men who use testosterone gels, creams, injections and patches. Men who use these medications to treat low testosterone are subject to serious health risks and heart issues, including stroke, heart attack and even death.
The Law Office of Domengeaux, Wright, Roy & Edwards are reviewing potential lawsuits for illnesses suffered following use of these drugs. If you or a loved one has been prescribed testosterone medication and experienced serious heart issues, or even death, please call 337-291-HURT or click here to fill our our free case evaluation form .
We can review your case and determine whether you may be eligible for compensation from the manufacturers of common low T treatments.
Lawdragon, a legal news resource and national attorney database, has released its annual list of the 500 Leading Lawyers in America. DWR&E partner James P. Roy was among the attorneys chosen to the 2013-2014 list. He is 1 out of the 7 chosen from Louisiana and the only attorney from Lafayette to receive this prestigious honor.
The Lawdragon 500 are selected from a combination of submissions from law firms nationwide, an online ballot that allows the general public to vote for and comment on their favorite lawyers, and Lawdragon’s own editorial research.
For more information, visit www.lawdragon.com.
Accidents happen. According to the U.S. Census Bureau, there were 10.8 million auto accidents in 2009. No one ever means for them to happen; that’s why we call them “accidents!” The best thing you can do for yourself and your family is to be prepared in the event you find yourself involved in a motor vehicle accident. DWRE has created this checklist for our clients to help them put their lives back together following an auto accident.
- Check on everyone – Cars can be replaced; people cannot. Before you focus on any damage to your vehicle, make sure everyone is OK. If not, call 911 for medical assistance.
- Be polite, but don’t admit fault. In this situation, avoid saying things like “I’m sorry” or “I wasn’t paying attention” that could possible be seen as an admission of fault, and ultimately, liability.
- Talk to any witnesses, and collect their contact information for follow up contact.
- Contact Your Insurance Company – Even if you are at fault, you should quickly report the incident to your insurance company. Similarly, it is important for you to begin keeping track of the time and money you spend perusing your claim after an accident.
- Document the damage – Take photos of your car and the other car(s) involved in the accident. It is important to have photographic proof of the damage for your insurance company and to serve as evidence. It is helpful to keep a disposable camera in your car, or snap photos with the camera on your phone. You should also take notes that detail the accident and any injuries.
- Get an Insurance estimate – The insurance company can provide a valuation of the damages, which serves as the amount you can recover to fix or replace your car. Keep in mind that you can seek estimates from outside sources if you are not satisfied with your Insurer’s valuation.
- Collect offers – You do NOT have to automatically accept the first insurance estimate or offer you get.
- Hire an attorney – In the event of a dispute with your insurance company, or the other parties involved in the accident, what began as a simple fender-bender may turn complicated, so it’s important to seek experienced legal counsel. An attorney can coach you about how to speak with your insurance company, and should the other Insurance Company contact you, it is usually best to refer them to your attorney, who will have more experience handling this sort of situation.
- Download our checklist and keep it with you in your vehicle: DWRE_AutoAccidentChecklist2013
Over the July 4th Holiday in Louisiana, many people turn to the waterways for their outdoor celebration, and these celebrations often contain alcohol. According to the Louisiana State Department of Wildlife and Fisheries, receiving “a DWI on the water carries the same penalties and fines as on the road,” including jail time, fines and loss of boat operating privileges.
From the DWLF:
“In Louisiana, DWI can be issued to anyone operating a moving vessel or vehicle with a blood alcohol concentration of .08 or higher. First offense DWI carries a $300 to $1,000 fine and up to six months in jail. Second offense DWI brings a $750 to $1,000 fine and between 30 days and six months in jail. Third offense DWI carries a $5,000 fine and between one and five years in jail.”
This holiday, make sure that you stay safe and smart on the water. Though these rules are being strictly enforced by LDWF this season, people are still prone to drink and drive. If you or someone you know suffers an injury due to someone else’s negligence on the water, you have a right to compensation. Contact our experienced personal injury attorneys to learn more.
We hope everyone has a safe and happy Independence Day.
Source: Department of Wildlife and Fisheries, 2013.
On the morning of Thursday, June 13, an explosion occurred at The Williams Companies, Inc. chemical plant in Geismar, Louisiana, which is located in Ascension Parish. The major explosion caused a fire at the plant, which reports have said claimed one life and injured more than 60 other workers. The plant is located about 20 miles from Baton Rouge, but nearby residents were apparently not harmed. Representatives of the company say that the blast happened at 8:37 a.m., and that the cause has not yet been identified as of this afternoon. Local authorities say that the Williams Companies plant makes ethylene and propylene, both of which are highly flammable gases in the petrochemical industry.
Source: AP; Lafayette Advertiser; June 13, 2013.
Fishing has been a critical industry for thousands of years. Yet, just like construction and forestry, the fact that fishing is an age-old profession has not inspired a rate of safety improvements which mirrors other technological advances of the trade. In America, the rate of commercial fisherman claims related to injury, illness or death has categorized the industry as the most dangerous in the nation.
One claim from earlier this year involved the actual disappearance of a commercial sword-fisherman, which occurred during his first week back at work after taking leave to recover from a bacterial infection. He was found to be missing after his vessel encountered a deadly combination of high seas and high winds.
Fishermen regularly encounter treacherous conditions from which there is really no escape. One of the primary reasons for the high rate of injury, illness and death in the fishing industry is that when trouble finds you, you have no where to go but below deck. Both weather conditions and machinery accidents that could be easily addressed on dry land can become fatal when you are stranded miles from shore.
These risk factors are not meant to inspire fewer Americans to seek a good living in the fishing industry. Rather, a reminder of what commercial fishermen face on regular basis serves to underscore why they are the subject of special maritime worker protections in the event of work-related injury, illness or death. It is due to the very hazardous nature of the profession that workers should not hesitate to enforce their right in the event of an accident.
Source: Sun Sentinel, “Fishing Was His Life…And His Death” by Mike Clary, Jan. 30, 2013.
With schools out, many families take their vacations during the summertime, and those vacations are often road trips all over the country. While many people consider “being prepared” for a long road trip with the family to mean having plenty of snacks and games packed, it is important to make safety your top priority before you hit the road.
Have your vehicle inspected by a certified technician and make sure your tires are properly inflated. The driver should be sure to designate navigation duties to someone else in the car, even in today’s world of electronic GPS and turn-by-turn guided navigation, to avoid distraction. Avoid driving for too many hours at one time or when you are tired, and never drive under the influence of alcohol.
While we all try to do what we can to be safe on the road, accidents do occur. It is important to understand that an injury or a fatality due to a car accident may be compensated, particularly if it is associated with driver’s negligence. In such a case, the motor vehicle accident victim may be eligible to claim compensation through a personal injury lawsuit. The lawsuit may recover awards and damages for medical bills, lost wages and pain and suffering.
We hope everyone has a wonderful summer and please stay safe on the roads!